Question: Under the Queensland Legislation, is it an offence for residents to throw objects from their balconies?
We regularly have residents throwing objects from their balconies, including soft drink cans, water bottles and cigarette butts. These objects become a safety hazard for people below, who may be struck by these objects.
Is there legislation in Queensland which makes such behaviour an offence?
Answer: Do you have evidence, such as video footage, which shows the objects being thrown and also identifies who threw them and from what lot?
Your query prompts several of my own. Do you have evidence, such as video footage, which shows the objects being thrown and also identifies who threw them and from what lot? You’ll need that if you wish to proceed with any action. Have you or the body corporate taken any steps to address this situation? Has anyone spoken with the alleged throwers, or, if they are occupiers (the phrase used for tenants under body corporate legislation), has anyone spoken with their managing agent or landlord? Has anything been put to them in writing?
These questions need to be addressed prior to any consideration of ‘offences’. To be clear, there is a difference between an offence and a dispute in this context. An offence is typically something that comes with legislated, monetary penalties. There are no offence provisions in Queensland’s body corporate legislation that address the situation you describe, although a breach of by-laws may result in monetary penalty depending upon how that breach is enforced.
Really, your issue is that a dispute seemingly exists between you/the body corporate and the alleged throwers. Apart from taking the self-resolution steps described above, the options to resolve this dispute are to enforce by-laws or pursue a breach of the nuisance provisions of body corporate legislation. These disputes will typically get resolved in my former Office, namely, the Office of the Commissioner for Body Corporate and Community Management and that can take some time.
If any of what you describe results in injury or property damage, then that’s a Police matter. Not everything which occurs in a body corporate is the body corporate’s responsibility to manage.
Chris Irons Hynes Legal E: chris.irons@hyneslegal.com.au P: 07 3193 0500