1. Noisy Neighbours

The commonest complaint reported to our Strata Managers is in relation to noise.  Noise such as loud music, loud parties, stomping on floorboards, noisy appliances/tools cause the most issues.

Communal living in strata requires consideration of your neighbours. 

For this reason, by-laws usually regulate excessive noise and there are “nuisance” provisions in the strata legislation to ensure residents are not unreasonably interfered with.  Further, the Environmental Protection Authority (EPA), Local Council and law enforcement authorities such as the NSW Police enforce noise control.

As reported by the EPA, the short term effects of noise can range from annoyance to interference with speech, sleep and concentration and long term exposure can lead to anxiety and other health issues.

In the interests of neighbourliness and preserving the harmony at your scheme, it is important to be mindful of the impact of noise on others.

2. Barking Dogs

Now that many people have returned to the office, some pets have higher levels of anxiety and are missing their owners. As a result, they have become accustomed to the presence of their owners at the property. Some dogs need to readjust to being back in the apartment by themselves for longer periods. There has been an increase in complaints coming from neighbouring residents regarding dogs barking. Be aware that there are avenues that people can take through the NSW Civil & Administrative Tribunal to have a pet removed. Before taking drastic action, talk to your neighbour to see if you can work out a solution together. Dogs require regular exercise and walking your dog in the morning before work is an excellent way to calm them and get exercise at the same time.

If matters escalate, Local Council can also issue a nuisance order under the Companion Animals Act 1988 and the dog owner can be issued with fines.

3. Illegal Parking

Residents parking illegally in common areas (including visitor parking) or parking in other resident allocated parking spots, is a constant problem in strata.

The Owners Corporation can take illegal parking to NCAT and if successful can have monetary penalties of up to 10 penalty units (which is $1,100) imposed. A repeat offender (i.e., if you have been fined $1,100, and breached the by-law again within 12 months of being fined) can be fined $2,200.

There are also other ways to assist with managing illegal parking such as the installation of bollards in your own individual space which will require preapproval from the Owners Corporation but assist with controlling who has access to your open car space

4. Smoking

Another common complaint to Strata Managers is cigarette smoking or second-hand smoke drift. Many strata schemes have moved to add by-laws that prevent smoking on all common areas and smoke drift from your balcony to all resident balconies. in November 2016, the NSW Strata Schemes Management Regulation introduced new model by-laws for smoking in residential strata schemes, giving more power to strata schemes and possible fines if by-laws are breached. Some strata schemes have placed designated smoking areas that prevent smoke drift. 

Smoking can cause actionable nuisance under the strata legislation.

5. Rubbish Dumping

Dumping rubbish on common property is prohibited by law. Schedule 2 of the Strata Schemes Management Regulation 2010 has the relevant clause that many schemes have adopted into their by-laws. Particularly in newly constructed buildings where residents are moving in. It is common to see the waste room full of packing materials and discarded boxes. Another common complaint is people placing large bulky items in garbage chutes. Consequently, the chute becomes blocked, resulting in extra costs for the owners corporation. Consider your neighbours when disposing of rubbish; leaving unsightly, smelly garbage can pose a health hazard and attract rodents. If you find rubbish that has been illegally dumped, contact your Strata Manager for assistance.

A quorum is the minimum number of people needed at a meeting so that decisions can be put to a vote. No business is to be transacted at any meeting unless a quorum of members entitled to vote is present when the item is considered.

Therefore, a quorum must be formed before any motion (including the election of a strata committee) can be voted on.

There must be at least one quarter (25%) of the people entitled to vote, or owners entitled to vote holding one quarter or more of the total unit entitlements.

If the quorum has not been formed within 30 minutes of the scheduled meeting the chairperson can take the following steps:

Place a hold on the motions or business items for at least 7 days,

or declare that the persons present (in person or by way of proxy),and who are entitled to vote, make up a quorum for the purpose of deciding motions or business at the meeting.

There are many owners who choose not to attend meetings, and therefore deprive themselves of voting and giving input on key issues. If you can’t attend a meeting remember to give a proxy for someone to vote on your behalf. 

Q & A

Question: A resident has exclusive use of the courtyard to his property. There is a large tree that is dying within the courtyard. The by-law created states that it is the owners responsibility to “maintain” the area but the tree is not noted on the strata plan or in the by-law. The owners have received permission from the local Council to remove it.  – Whose responsibility is it to remove the tree and pay for its removal ?

While the area in question is “exclusive use”, the area still remains common property in respect of which the subject owner(s) have exclusive use.  Further, anything that is outside of a lot is automatically common property and therefore does not need to be recorded on the strata plan.

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A  Suite 3, Level 2, 189 O’Riordan St Mascot NSW 2020

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