Question: A resident takes unacceptable risks to carry out unapproved maintenance to common property. What actions can the committee take to stop them?
We have one resident in our scheme who continually undertakes unapproved maintenance on common property. They’ve exposed us to unacceptable risk by climbing onto the roof. We are under a building format plan, and our by-laws are schedule 4 by-laws. What by-laws (if any) is the resident breaching with these actions? If he is not breaching any by-law, what action can the body corporate or committee take?
Answer: The devil is always in the detail on things like this.
People try to help and sometimes don’t understand they shouldn’t. This really comes down to the content of the actual by-laws and the characterisation of what the owner is doing.
The starting point should be a conversation with “please don’t do that without the committee signing off”, and then you need to get legal advice after that. The devil is always in the detail on things like this.
This post appears in the September 2023 edition of The QLD Strata Magazine.
Frank Higginson Redchip Strata Law E: FrankH@redchip.com.au P: 07 3193 0500