Common Strata Living Questions
A real estate trend that has increased enormously over the past decade is the popularity of apartment and townhouse living. The rising price of land, and a growing desire for what is commonly termed a “café lifestyle”, has seen Sydneysiders of all ages opting to reside in low maintenance strata title properties. Developments in sought after locations are now incredibly hip and highly sought after. With this change however comes uncertainty regarding the rules and regulations of strata living. This is particularly true of buyers who are downsizing from the family home and may not have experienced community living for many years. To help those who may be a little unsure of their rights and responsibilities we have put together a brief summary of the most frequently asked questions from new owners trying to understand the rules and regulations.
My neighbours make a lot of noise, what can I do about it?
By-law 1 of the Strata Titles Act states that “an owner or occupier must not many noise at any time within their lot or on common property that is likely to di stu rb the peaceful enjoyment of another resident or anyone using the common property”.
One solution is to info rm the owners corporate of the issue. If the owners corporation believe the by-law has been breached then they will serve a notice on the noisy neighbour asking them to cease their behaviour and comply with the rules of the strata scheme.
If this doesn't work then the next step is mediation through the Consumer, Trader and Tenancy Tribunal.
If the neighbour is a tenant and not the owner, then the managing real estate agent should first be approached as they may be in breach of their lease agreement.
I am moving from a house and have a dog (or cat). Am I allowed to keep it?
The standard by-law for most strata developments is that the Owners' Corporation cannot unreasonably refuse the keeping of a pet. Factors that may constitute reasonable refusal include if the dog is considered too big, too noisy, is aggressive or destructive. In other cases it may be because the owners in the block have purchased based on the understanding that pets are not allowed. In some instances a specific by-law may have been added stating the keeping of animals such as cats and/or dogs is strictly prohibited.
Before signing a contract to purchase, buyers with pets, or wanting a pet in the future, should research the by-laws of any property that takes their interest. Never presume that once you move in things will work out for the best. The first step is to ask the real estate agent whether they know about other residents having pets. This is not always a guarantee though that pets are allowed because some developments may have changed the by-law stating that no new pets are allowed. If the real estate can't give you the answers you need, contact the strata manager. The strata manager will be able to check the by-laws for pet regulations. If this doesn't provide any firm answers then the strata manager should be able to put you in contact with a member of the owners corporation.
If you keep a pet without consent (and they find out) the owners corporation has the right to serve a notice to comply. Failure to comply risks a $550 fine. If compliance does still not take place then the matter may be referred to the Consumer, Trader and Tenancy Tribunal where a penalty of up to $5500 can be imposed.
I want to install an air conditioner. What should I do?
The first step is to contact the strata manager or a member of the executive committee to determine whether a special by-law has been created that deals with the placement and installation of air conditioners. Air conditioners that aren't installed correctly can be noisy and cause all manner of problems between neighbours. It is not recommended the unit be installed without prior permission because, should it become a problem, a ru lin g can be made prohibiting future use of the unit.
I don't have enough room in my garage to park my car. Can I park in one of the visitors parking spaces?
Visitor parking spaces are considered part of the common property and, under by-law 2; “an owner or occupier must not park or stand a vehicle on common property without the written permission of the owners corporate”.
In saying that, the “unspoken” rules when it comes to residents parking in the visitors spots varies from building to building. The residents of some buildings may not be concerned if residents park in the visitor's parking while others can be quite strict. If however the owners corporation is satisfied that the by-law has been breached then a notice to comply can be served. If the offence continues then mediation through the Consumer, Trader and Tenancy Tribunal may be sought.
I want to make alterations to my unit. What work is allowed and what is not?
Before undertaking any renovations it is important to determine what is classified as common property and what is considered part of the owners “lot”. The owners “lot” is typically the area inside the unit and can be described as the airspace inside the boundary walls, floor and cei lin g of the lot. This usually includes dividing walls, floor coverings (carpet, floorboards) and fixtures such as baths, WC, shower, stove, kitchen benchtops, etc. Airspace can also be extended to balconies and courtyards. The main structure of the building such as main internal walls, external walls, cei lin g and roof are typically classified common property and owners are not allowed to alter, renovate or damage these areas without first obtaining the permission of the owners corporate. To be on the safe side, the uninitiated should contact the strata manager or a member of the owners corporation before undertaking major internal repairs to their unit. Care should be taken when updating any floor coverings to ensure the improvements adhere to by-law 14 that states; “an owner must cover the floor of their lot or treat it to stop noise which may di stu rb another resident”.
While there are a set of standard by-laws that apply to most strata title units, these can be amended or improved by the individual strata plan so they are more specific to the needs and requirements of the residents. For more info rmation contact your strata manager to obtain a copy of these or speak to a member of the executive committee. For more info rmation you can also contact the Department of Fair Trading on 13 32 20 or visit their website www.fairtrading.nsw.gov.au.