Question: If an owner rents out his lot, can he still return to the building and use the facilities, or has he passed on this benefit to his tenant?
Our Strata complex has facilities for residents. An owner has moved out of his apartment, rented his property, and retained a key to the facilities. The owner returns to the property several times weekly and uses the facilities. Does the owners corporation have a right to ask him to cease this activity as he has passed on his right to the facilities by renting out his apartment?
Answer: It may be difficult to enforce your request without anything explicit in the rules.
The first (and best) place to check is the owners corporation’s registered rules, as they may specify the terms surrounding the use of common facilities.
In the absence of anything explicit in the rules, it may be difficult to enforce your request. I imagine most owners would agree that the intention is for residents only to use the facilities. However, there is an argument that if an owner is paying owners corporation fees, why can’t they use the facilities?
One of the newer model rules, 4.1.7, outlines the following:
- The owners corporation may impose reasonable conditions on a lot owner’s right or an occupier’s right to access or use common property to protect the quiet enjoyment, safety and security of other lot owners, including but not limited to imposing operating hours on facilities such as gymnasiums and swimming pools.
My suggested approach would be to contact the owner, request that he stop using the facilities (given he doesn’t reside there), and substantiate the request through either the relevant registered rule or model rule 4.1.7. If he continues using the facilities, I would consider obtaining legal advice.
Callum Wilson
The Strata Shepherd
E: info@thestratashepherd.com.au
P: 0431 925 908
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