This article about respectfully holding a party or get-together in Strata has been provided by William Marquand, Tower Body Corporate.
Table of Contents:
- QUESTION: Can the Body Corporate stop me from holding an auction in my apartment?
- ARTICLE: Party On, Respectfully – Holding a Party in Strata
Question: Can the Body Corporate stop me from holding an auction in my apartment?
Answer: The Body Corporate can’t really stop you from having an auction inside your apartment just as it can’t stop you from having a party or any other kind of gathering on your property.
The Body Corporate can’t really stop you from having an auction inside your apartment just as it can’t stop you from having a party or any other kind of gathering on your property. The noise and disturbance created may be a breach of the by-laws and you could receive a notice after that.
More importantly, it sounds like you are anticipating that having the auction will cause a problem. You might want to consider the reasons why. Presumably you would be disturbed if your neighbours had large groups of people coming through the building making noise.
If you think it might be problematic you would be better off talking the matter over with the Committee and establishing some ground rules that allow you to hold the auction while limiting any inconvenience for others. After all, if the body corporate can’t stop your auction it also couldn’t stop your neighbour from having a noisy party at the same time or owners leaving their car in a driveway entrance just as purchasers are looking to enter the building. Playing nice with your neighbours is always the best option.
This post appears in Strata News #445.
It’s the holiday season and after a tumultuous year many strata residents will be looking to relax and let their hair down with a festive celebration.
We all need a break from time to time, but in strata land, one person’s party can quickly become a neighbour’s nightmare.
First, Look to the ByLaws
Good manners and consideration of others are always the first benchmarks of maintaining positive relations in Body Corporate complexes. If they fail, check the by-laws for your complex and use them as a guide for what to do.
If you are planning to have a party, a bit of advance thought can help keep things under control. Advise your neighbours ahead of time that there may be some noise and tell guests that you have to keep things down if the celebrations are running late. If there are going to be smokers, set them up with a place that won’t affect others.
While wording can vary, most by-laws will have specific items relating to noise and the behaviour of invitees. In the standard editions, the noise by-law usually states that the occupier of a lot must not create noise to interfere with the peaceful enjoyment of another occupant at the property. Some people confuse this for thinking that there can be no noise transference. That’s not really the case – it’s communal living, not a monastery and you are allowed to enjoy yourself to a reasonable degree.
What About the Behaviour of Non-Residents at the Party?
The behaviour of invitees by-law states that the owner has to take reasonable steps to ensure that people they invite to the site don’t interfere with others. This would include any damage they may do. It’s easy to forget, but a lot of noise from parties is created not so much in the ‘do’ itself but in the comings and goings as people go in and out. Keep that under control and side-step a common source of complaints.
If you are concerned about parties in your complex, then it can be helpful to advise people of the rules in advance. Put up some signs asking occupants to be mindful of others. Send out a circular about being respectful when having an event. Contact owners with tenants, particularly those who use their properties for short-term letting purposes, and ask them to emphasise the need to maintain a peaceful complex. It’s hard to cover every circumstance, but problems with parties often start because the person hosting them can only focus on what hors d’oeuvres to serve. A nudge or two reminding consideration of others never goes amiss.
If a party in your complex is really getting out of hand, there is probably not much else to do than contact the police. Owners report mixed findings when they do this – sometimes the authorities may have other priorities than to break up a rowdy get together. Still, if you don’t want to knock on the door personally, the police are the only realistic option.
After the Event
The last thing to think about is what can you do once a rowdy party is over. The answer here is probably a bit unsatisfactory. If it was a one-off event, the clock can’t be wound back. A breach of by-law letter can be sent to the owner, but in the first instance, it’s a reprimand only. Some people might apologise, but the damage has been done. If there is a lot that’s turning into Animal House, you might have to turn up the heat. Follow up calls to the police with fast warnings and legal notice for breach of the by-laws if possible. Act quickly and let people know that you have the will to impose consequences, and you might be able to stop put the brakes on a bad situation.
This post appears in Strata News #441.
Have a question about respectfully holding a party or get-together in strata or something to add to the article? Leave a comment below.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
- QLD: Q&A What to do About Illegal Acts in Apartments
- QLD: Party Time in Your Apartment! Your Rights and Responsibilities
- QLD: Q&A Tenancy Agreements & the Body Corporate
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