Question: A tenant in our small complex repeatedly leaves rubbish in the common area. Despite reports to the body corporate, no action has been taken. What can I do?
Answer: Is it possible the occupier does not understand their responsibilities?
This will likely be a situation where your by-laws are applicable. Most by-laws will contain a provision about rubbish and an occupier’s responsibility in relation to that. ‘Occupier’ is the term used under strata legislation to describe a tenant.
So, check your by-laws. If there is such a by-law, it is up to the committee to enforce it. Here is an excellent resource from the Commissioner’s Office about enforcement of by-laws: By-law enforcement applications – PD6
If there is not a by-law, the provisions about nuisance and hazard under the Body Corporate and Community Management Act 1997 will likely apply.
Either way, the committee (or you, if it comes to that) can pursue these options through the Commissioner’s Office.
Your first step in all this is to approach the occupier to ask them to stop. It is unclear if this has already happened or not. Is it possible the occupier does not understand their responsibilities? Or is there an issue with the bins or garbage disposal at the scheme contributing to the problem? These might also be useful questions to consider.
You can also reach out to the landlord or property manager to raise the concern with them and see if they can get the occupier to cease this action. Contrary to popular belief, it is not necessary to involve the property manager and the body corporate can (and should) take action directly against the occupier. Sometimes, though, involving these other parties can get results.
This is general information only and not legal advice.
This post appears in Strata News #705.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898