QLD: Q&A Respectfully Holding a Party or Get-together in Strata

This article about respectfully holding a party or get-together in Strata has been provided by William Marquand, Tower Body Corporate.

Table of Contents:

ARTICLE: Party On, Respectfully – Holding a Party in Strata

QUESTION: Our common area BBQ is just meters from some lot’s bedroom windows. Are there rules about a BBQ’s proximity to living areas?

QUESTION: Can the Body Corporate stop me from holding an auction in my apartment?

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Respectfully Holding a Party or Get-together in Strata

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.

William Marquand
Tower Body Corporate
E: [email protected]
P: 07 5609 4924

This post appears in Strata News #441 and #676.

Question: Our common area BBQ is just meters from some lot’s bedroom windows. Are there rules about a BBQ’s proximity to living areas?

Our 20 year old unit complex has a gas BBQ area in the middle of the block. The BBQ is just meters away from the bedroom windows of two lots. Are there any rules that regulate how close a common property BBQ can be to lot living areas in terms of proximity and nuisance?

Answer: The committee may need to evaluate whether the BBQ should stay in place or whether they should move it.

Most by-laws have a law in them relating to noise. If you have a situation like the one described where the BBQ is very close to the units, it is easy to imagine this by-law being breached.

Food smells aren’t usually covered under the by-laws, although they often are a source of complaint. However, smells can be classified as a nuisance, and the body corporate or the affected owners could look to take action on that basis. Section 167 of the Act states:

Section 167 Nuisance

The occupier of a lot included in a community titles scheme must not use, or permit the use of, the lot or the common property in a way that—

causes a nuisance or hazard; or

interferes unreasonably with the use or enjoyment of another lot included in the scheme; or

interferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property.

The smoke drift from the BBQ could also fall into this category. If it was severe enough, the smoke drift could perhaps be classified as a hazard, which would help escalate any complaint.

So, if lots close to the BBQ are having an issue, there may be some legislative grounds to take action. They can make a complaint to the body corporate, and the committee can consider what action to take.

The other side of this is that as the body corporate has a common property BBQ, there is some expectation that people will use it. If you were an occupant at the site who used the BBQ for a quiet family gathering one day, you might be quite annoyed to get a letter from the body corporate advising that the smell from your BBQ had breached the legislation. You might well ask why the body corporate had a common BBQ in place if it was going to complain about people using it.

As such, I think the committee may need to evaluate whether the BBQ should stay in place or whether it could be removed. Alternatively, maybe there should be some clear rules around using the BBQ – times of use, cleaning requirements and so on. If there is a middle ground where reasonable use of the BBQ can be established, it may be that the owners of the lots closest have to put up with some disruption from time to time. On the other hand, if the use of the BBQ creates ongoing disputes, the body corporate may need to consider if it is fit for purpose.

William Marquand
Tower Body Corporate
E: [email protected]
P: 07 5609 4924

This post appears in the November 2023 edition of The QLD Strata Magazine.

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.

William Marquand
Tower Body Corporate
E: [email protected]
P: 07 5609 4924

This post appears in Strata News #445.

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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

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QLD: Q&A Respectfully Holding a Party or Get-together in Strata