One of the owner occupiers has placed a lot of items on their carport, which goes against the strata by-laws. The committee have been told to seek legal advice, is this correct? – Kathy, QLD
I live in a strata townhouse complex that has by-laws stating you can not have anything at the front of your home. One of the owner occupiers has placed a garish name plate, badly hung fairy lights, cabling and a large amount of shoes and children’s bikes on their carport. I have complained twice to body corporate management who tell me the owner refuses to move their items. Body corporate tells me that committee will need to seek legal advice. Is this correct?
– Kathy, QLD
Without knowing what the body corporate have already communicated to the unit owner, it will be difficult to advise if the committee are correct. However, the following process must be adhered to when there is a breach of by-law. The body Corporate can speak to the offending person and try and resolve the issue. If this fails the next step is for the body corporate to serve a by-law contravention notice to the person breaching the by-law. This can be a decision by the committee or the body corporate at a general meeting. If the owner fails to comply with the notice, the body corporate can then start proceedings in the Magistrates Court for the offence of failing to comply with the notice, or an application for conciliation to enforce the by-law can be made. Hope this provides you with more information on the matter.