Question: Whose responsibility is it to take out the bins on a weekly basis? If I don’t do it, nobody does.
Whose responsibility is it to take out the bins on a weekly basis? We have a communal bin area but each unit has its own bins.
No one else takes any action so it falls to me each week. If I don’t do it, they won’t get emptied. I’ve left their full bins and they just keep piling up their rubbish in the bin area or use my empty bin.
How do I get everyone to take their own bin out or take it in turns?
Answer: Constant reminders are needed to ensure residents are using the correct bins and taking them out.
If each unit has its own bins, they need to take out their bins and bring them back. It does assist if bins are clearly marked but the strata company may need to send constant communication to remind people to take out their bins. It can also be raised in the annual general meeting and documented.
Does your complex have a ‘Welcome Pack’? If so, bin requirements can be added so each new resident is also aware. When it comes to the communal bin store, unfortunately, constant reminders are needed to ensure residents are using the correct bins and taking them out.
Jamie Horner
Empire Estate Agents
E: JHorner@empireestateagents.com
P: (08) 9262 0400
This post appears in the March 2023 edition of The WA Strata Magazine.
Reference the plant pots,, we can relate to a possible need to add some beauty to a door surround. I think in cases such as this one a photograph would assist. Also is it a separate unit, on an internal corridor, and a separate semi private entry path. this info. would assist in a more definitive answer I also suggest that the first place to look is the Strata By-laws for guidance and a catchup with the Strata Council members who should be readily available. The placement of the pots in a common situation and after 9 years, being told to move them suggests. The 10year plan requirement has opened up eyes. I. agree fully ref. the safety angles and clear access at all times is essential.
Unfortunately I have found there are not many owners or tenants that have knowledge of the By-laws etc and this is where a active Strata Council and Management is essential . I suggest that the Council members carry out a monthly inspection of their premises and advise on their findings. Also a active news letter assists.
As Greg has already stated all strata schemes are a work place for some contractor. Focusing on the possible strata issues, the fact that the pot plants have been there for some time doesn’t mean they can remain there.
The strata company is charged with the responsibilities under section 91 of the STA – General Duty.
specifically “control and manage the common property for the benefit of Lots”. This may mean that in addition to the pot plants being a hazard to tradespersons, the pots may represent a hazard restricting access or escape in the case of a fire, represent a restriction of access for disabled persons IE – wheelchair.
The keeping of pot plants in the common property area may contribute to water spillage due to overwatering, emit smells, attract insects etc. So there are a number of reasons why the pot plants should be removed.
Specific by-laws may also place limitations and responsibilities on Lot owners or occupiers who are also bound by the by-laws in force. If the matter needs to go to the tribunal, fines could also be enforced.
Sorry Shane, I think you may have misconstrued what I was attempting to say. Believe I may have taken things to a different safety level. Not one where a workplace occurs through work carried out on a strata property, as per the article above but to the question of whether a strata company itself will need to comply With WHS legislation. There is a distinction and a new concept for WA.
I completely agree with everything Shane said, that is not in dispute. Shane mentioned the 1984 Occupational Health and Safety Act and I took the opportunity to advise that there is new legislation about to be promulgated that we all need to consider.
I have now attached links to documents including the Work Safe model Code of Practice 2018 and refer you to Part 4,2 pgs 178/179 of the Bill to see the importance of the Code of Practice especially to evacuation plans.
I also point you to section 20 of the Bill, management or control of a workplace and section 21 management or control of fixtures, fittings or plant in a workplace.
My layman’s interpretation of that would be that a Mixed use strata company needs to review their bylaws to ensure ‘control’ of common areas remains in the hands of a CoO keeping it Residential and does not pass through a bylaw to the control of a commercial lot.
Hope this clarifies my intent. More than happy to stand corrected if my interpretations of below are incorrect.
https://www.kottgunn.com.au/updates/corporate-and-commercial/work-health-safety-bill-2019-introduced-wa-parliament/
https://www.parliament.wa.gov.au/Parliament/Bills.nsf/8F320741B83643A8482584BF000CF89B/$File/Bill155-2.pdf
https://www.safeworkaustralia.gov.au/system/files/documents/1702/interpretive_guideline_-_pcbu.pdf
https://www.safeworkaustralia.gov.au/system/files/documents/1901/code_of_practice_-_managing_the_work_environment_and_facilities.pdf
As a point of interest are readers aware that in 2019 a Workplace Health and Safety Bill was introduced to the WA Parliament?
This Bill will see WA finally adopt the Model WHS Act/Regulations/Code of Practice’s developed by Safe Work Australia back around 2011. All other States and Territories, except WA and Victoria adopted the model back in 2012/13.
The Code of Practice as set out in the Bill is admissible in a Court of Law, this will determine ‘what should be known’ In regard to safety it also points to AS3745 as providing further guidance. In other words if you are failing to comply with the Code Of Practice you will be accountable.
Additionally you can download from Safe Work a guidance to the Bill. This explains the new principle of ‘pcbu’ person conducting a business or undertaking. About halfway through that document it explains the grounds by which your strata company ‘may be’ excluded from WHS Act as it is coming. Not all strata company’s will meet the criteria.
As this is a national approach to safety you may find reading articles from other jurisdictions useful to gain understanding, simply google ‘pcbu strata’
Every strata company should be looking into whether they qualify or not! I have certainly raised it with my CoO.
I take my hat off to Westside Fire Services for their articles and have found no reason to question the information provided.
Why is greg McCulloch banging on about ohs on a workplace? Clearly the person lives at the property and isn’t conducting a business there…..
Hi Tim
Strata complexes are workplaces for all the contractors that maintain and repair the building’s services.
Greg McCulloch
Hi Norm, Thank you for taking the time to read my article.
You make a good point about clearance around fire safety equipment.
I wonder if other readers have suggestions on how we can all make our home and work environments safer.
Another safety item is the requirement to ensure that all installed fire extinguishers/hose reels maintain at least one metre of clear space around them (where location allows).
Putting items such as pot plants close to an extinguisher or hose reel can compromise ease of access.