This Q&A from a WA Lot Owner is about complying with bylaw breaches.
Table of Contents:
- QUESTION: Are there any new bylaws or parts of the legislation which protect my right as a homeowner in circumstances where other residents do not respect my property or right to peace and quiet?
- QUESTION: Is the strata manager responsible for tenants and owners complying with the strata bylaws?
Question: Are there any new bylaws or parts of the legislation which protect my right as a homeowner in circumstances where other residents do not respect my property or right to peace and quiet?
Answer: Use of common property, schedule 2 bylaw 2, an owner or occupier of a lot must use and enjoy the common property in such a manner as not to unreasonably interfere with the use and enjoyment of the common property by other owners or occupiers of lots, or of their visitors.
Everybody’s entitled to have a right to peaceful enjoyment.
The bylaw about peaceful enjoyment has been moved to Schedule 2 as it is a conduct bylaw, not a governance bylaw. Use of common property, schedule 2 bylaw 2, an owner or occupier of a lot must use and enjoy the common property in such a manner as not to unreasonably interfere with the use and enjoyment of the common property by other owners or occupiers of lots, or of their visitors. Or not use the common property in a manner that causes a nuisance to an occupier of another lot. Owners must take all reasonable steps so that the visitors comply with the bylaws – e.g. not obstruct lawful use of the common property.
There is a provision in the bylaws. If you have a complaint, you need to inform the Strata Manager because there’s a requirement for written notice. A written notice (sometimes referred to as a breach notice) informs the offending party that they have breached a particular bylaw by doing whatever it is they did on whatever date.
The outcome of this is, if they do it again they will suffer the penalties that SAT can apply. There needs to be three of these written notices to be sent to the offending person or occupier. Tenants are also bound by these ByLaws and they could be taken to SAT, possibly with the owner of a lot, and SAT can make penalties payable.
Shane White
Strata Title Consult
E: [email protected]
This post appears in Strata News #469.
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.
Brian Rulyancich
StrataTAC
T: 0428 970 067
E: [email protected]
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.
Read next:
Visit Renting / Selling / Buying Strata Property OR Strata Information WA
Looking for strata information concerning your state? For state-specific strata information, take a look here.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
Leave a Reply