I have 2 questions.
1. Overcrowding. All 18 of our units are 2 bedroom. Is there a limit to numbers living in units. One unit has at least 6 living in it and also many others during the day we believe a babysitting business is being run from there. We all split water between units so complaints not only unfair water usage but also the noise from this unit.
2. A tenant moved out and left much belongings in the car park. It’s been over 4 months and the owner been asked to move it. He threatening us with legal action if it’s touched. He is trying to sell unit but this stuff is moldy and smelling and will I’m sure soon attract rodents as there is food and all sorts there. Do we have any rights can we have it removed and charged to owner. Tenant also has keys but he said she doesn’t we know she does.
Q1 According to body corporate legislation, overcrowding can breach by-laws. The by-laws of your strata scheme may contain occupancy limits or rules regarding the use of units. Typically, there is a limit on the number of occupants per bedroom. If you believe a unit is overcrowded, you can report this issue to your body corporate committee. They may take action to enforce the by-laws and address the issue of overcrowding. It’s essential to provide evidence, such as photographs or witness statements, to support your complaint.
Q2: When a tenant moves out and leaves belongings behind, it typically becomes the owner’s responsibility. In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 provides guidance on abandoned property. Generally, the property owner should make reasonable efforts to notify the tenant and allow them to collect their belongings. If the tenant does not claim the items within a specified time, the owner can dispose of them in accordance with the law. If the owner refuses to remove the abandoned belongings or the items pose a health or safety hazard, you should consult with your body corporate committee. They may be able to take action to have the items removed in compliance with the law and may recover any associated costs from the unit owner. It’s essential to document your communication with the owner and any attempts to resolve the issue. You may also want to seek legal advice if the situation escalates. Remember, specific rules and by-laws can vary between different strata schemes, so it’s crucial to refer to your scheme’s by-laws and seek legal advice if necessary to address these issues appropriately. Your body corporate committee should be able to provide guidance specific to your scheme.