Question: Can a lot owner allow a visitor to reside is their garage?
I am Strata title secretary of 2 detached units as owners. Only the garages are attached.
Is the owner of the other unit allowed to use his garage as accomodation for his friend who comes and goes whenever he feels like it? How does this affect security and the strata insurance?
I am not personally in favour of this as I have no idea who this person is and whether he has a criminal record or not.
Answer: I would recommend checking with the local council
There is no reference in the Strata Titles Act stating that a resident cannot use the garage for accommodation, however I would recommend checking with the local council on this issue.
In relation to the house guest, Section 19 (4) of the Strata Titles Act stated that the Corporation and Articles cannot prevent or restrict a unit holder from leasing or granting rights of occupation in respect of a unit. This means that other owners do not get a say in who occupies other units in the complex. While the Articles state that a unit holder must advise the Strata Corporation of any change in the occupancy of the unit, they do not need to inform other owners of house guests and background details of the occupants.
This post appears in Strata News #467.
Carrie McInerney
Horner Management
E: carrie@hornermanagement.com.au
P: 08 8234 5777
Thanks for the information above. It will provide the basis of any future discussions for our Management Committee cheers Di R
Although the above posts (171&183) provide great information about disruptive residents, is there any legislation or guideline as described in newsletter 250 (Queensland noisy tenants) which assists residents in SA.
Is there a similar requirement in SA to Queensland where owners are required to apply to their management committee for approval to update/replace floor coverings etc?
Hi Dianne
We have received the following response from Tony Johnson, Horner Management:
From the reading of the QLD posts, it doesn’t appear to me that there is a statutory QLD requirement to apply to the Committee to change the flooring in a Lot. Though I do not know the QLD rules, merely from my understanding of the responses to the queries posed both on issues 250, 210 and 136.
The respondent in issue 250 refers to possibly a specific By-law created by the individual Corporation. The outcome in that instance will be determined by the By-law created for that group.
That said, the responses issued I find are mostly transferrable to SA – that preferably the source of the noise is the best place to stop it as noted by Stuart Clough and whether “consideration for you as the occupier below is whether the noise that is being caused amounts to an unreasonable interference” as queried by Todd Garsden.
As detailed in those responses, the real question is whether the use of the unit interferes with the quiet use of other units in their own spaces. If the noise levels are unreasonable, then a Strata or Community group may consider actions appropriate to resolve the matter.
The Strata Titles Act Articles for example state:
2. A person bound by these Articles:-
(c) must not make, or allow his or her customers, clients or visitors to make undue noise in or about any Unit or the Common Property; AND
(d) must not interfere, or allow his or her customers clients or visitors to interfere with others in the enjoyment of their rights in relation to Units or Common Property.
SA has both a Strata Titles Act and a Community Titles Act. The type of property you own would determine which Act is relevant for reference purposes, along with any specific Articles or By-laws created by the Individual Corporations themselves will govern the appropriate actions or available options.