This Q&A from a WA Lot Owner about complying with bylaw breaches has been answered by Brian Rulyancich, StrataTAC.
Question: Is the strata manager responsible for tenants and owners complying with the strata bylaws?
Is the strata manager responsible for tenants and owners complying with the strata bylaws?
We have a tenant who constantly parks several vehicles on common property. The tenant’s landlord refuses to ensure that his tenant complies with very clear guidelines set out in the bylaws. The strata manager suggest that it is the lot owner’s responsibility to take the tenant and/or landlord to SAT! Is this not the strata manager’s responsibility?
Answer: Firstly the strata manager and the strata company are not responsible for compliance by the tenant. That responsibility rests with the lot owner and/or their property manager.
Firstly the strata manager and the strata company are not responsible for compliance by the tenant. That responsibility rests with the lot owner and/or their property manager. The strata company has a relationship with the lot owner, not the tenant.
The answer to the second part of your question is yes, any owner can refer the matter to the SAT. From your comments, the owner in question is not complying with the by-laws and as such is contriving the by-laws. So too is his tenant.
I would suggest the strata manager and the council of owners work together to issue the required contravention notices and as soon as practical refer the matter to the SAT. The owners who are concerned about this would need to provide the necessary evidence, i.e. dates, photos as this will be required if it goes to SAT.
Under the act, it is the responsibility for the strata company to manage, maintain and control the common property and that role is taken on by the council of owners.
Also, if any application is made to the SAT I would suggest that the tenant is included in that application provided their details are known. There is a provision under the act for the strata roll to have tenant details, however it’s not mandatory, only if the owner has provided the information.
This post appears in the December 2020 edition of The WA Strata Magazine.
Have a question about complying with bylaw breaches or something to add to the article? Leave a comment below.
Looking for strata information concerning your state? For state-specific strata information, take a look here.