Question: A lot owner has had dog faeces thrown from above onto their balcony and the building’s common property. The suspected lot owner denies any knowledge of the act. What can we do?
An owner in our building has developed a nasty habit of disposing of their dog waste into the building’s common property drain.
The lot owner below tried reasoning with the lot owner above about the disposal of the dog faeces but was met with denial and anger. The downstairs lot owner approached the owners corporation (OC) for help. Our owners corporation manager advised the offending lot owner to cease. Within days of the OC’s action, the downstairs owner has had dog faeces thrown all over their balcony furniture. The suspected lot owner denies any knowledge of the act and requests a full investigation.
What can the committee do?
Answer: See below for detailed steps taken to successfully resolve a similar situation.
This sounds like a tricky situation. I dealt with something similar recently, so I’ll detail my steps to resolve that situation successfully.
- Write to all owners and post flyers in the common areas, noting that a resident has thrown dog faeces on the orientation and floor (i.e. from levels 4-6 on the northwest side of the building), and the OC requires assistance catching the perpetrator. You could note how disgusted the committee and residents are and that the OC intends to take whatever action it must against the perpetrator.
This approach may seem a bit extreme, but it’s likely to get the offender’s attention, plus it’s an indirect way of ‘naming and shaming’. The OC is narrowing it down to a subset of units without specifying one, and residents will probably figure it out for themselves. - If the above doesn’t work, arrange an inspection of all units along the relevant side of the building to confirm who has pets and to assess the ‘waste management’ system in place. This is a useful step to document evidence should the matter escalate further.
- As the last step, you could write to owners advising that the OC has engaged a DNA testing company to examine the faeces and that the OC would require a swab of pets to confirm which animal the faeces is coming from.
For my recent situation, steps 1 and 2 got the perpetrator’s attention, but it was not until step 3 that the issue ceased.
If you get to step 3 and the issue continues, you should seek legal advice to find out if the OC has the power to swab of pets. This was essentially an empty threat from the committee I worked with.
If you are still unable to resolve the issue, seek further legal advice for how to address the matter.
This post appears in Strata News #707/a>.
Callum Wilson
The Strata Shepherd
E: info@thestratashepherd.com.au
P: 0431 925 908
Hello
we would like to enjoy our property that is in a residential housing estate bonbeach victoria 3196
there is a select group of residents & their visitors that congregate around every window in our house, everyday
how would you like to
go to any room in your house and listen to insults, noise, people coming and going
groups of neighbours near your fence, jumping over your fence, smashing balls against your fence. banging on your front door, have the neighborhood dogs bark because of the noise of these congregations of people around every room of your property.
have a carpark that residents use as their own personal car space, revv their engines, turn their high beam lights on so the lights shine through your window. lurk in the carpark under your window.
there is two lights near the fenceline and out the front of our house.
have groups of neighbours congregating around your property around every room
day and night
these neighbours use the footpath, the carpark the road, and lurk & loiter around our property
day and night.
there is a body corporate, that allows this constant nusiance
A new neighbour has become very hard to live next door to. They have a dog that barks incessantly and when confronted slammed the door in my wife’s face. They have now positioned a bright light to shine right into our kitchen window, This light serves no other use as doesn’t illuminate their yard, What are our rights and were di we go for action. Thank you.
Hi Mark
I’m not sure if the new neighbour is with the strata property or in a neighbouring property. Please note this site deals specifically with strata matters.
You may find these resources helpful:
Challenge Accepted: Challenging People In Strata – And How To Deal With Them
VIC: Q&A Nuisance and Neighbours in an Owners Corporation
I have a block of 12 flats at rear of our private property with big, peaceful garden with mature trees in historical setting. The Agents for the property have installed a commercial size and output hot water service close to the old gas meters ( not mandatory smart meters ). The gas is heated instantly on the new model gas HWS which is creating noxious, toxic fumes from the vents to enter our property so it is making us sick.
What can be done. ? Have they breachec the Residential Tenancy Act ?
Is the Australian Standard a requirement or just guidance? I don’t think they’re regulatory and just good practice design standards. ‘Must comply’ is potentially an over reach.
Turn the light off ? Just a thought?
I have a neighbour that complains of my light,it is put on only for 2hrs to put washing on the line
Or put the dog to bed.He has never spoken to us only shouted abuse over the fence.He has lodged
a complaint with council which sent a letter to go to court if we put our light on .What can we do.?