Can Strata fine a tenant for illegal parking?

My strata emailed me last week to advise that my tenants are parking their multiple cars all over common property, blocking driveways and preventing other residents from accessing their garages (yep, my PM picked a winner!!).

Can my Strata issue the tenant a fine for repeat offences, and if so, how does it get enforced?

 

On, they can issue you with a notice advising that you are breaching the parking by-laws. You then have to serve a breach notice on the tenant. If they fail to rectify the breach, termination.

 

Thanks Scott. I've been trying to get my PM to serve them a breach notice about the garden but they DGAF. Meeting with a potential new PM on Tuesday. Can't get rid of this mob fast enough.

 

Quick question. Is it stipulated in the lease that the tenant must comply with the bylaws?

 

It should be.

 

Yes and the pm is required to provide tge tenant with a copy.

 

Oh, it's the PM's responsibility?? I thought it was strata's.

Oh I am so ****ed.

 

It's the Owner's Corporation/Bodies Corporate's responsibility to enforce their By Laws (no one else can do it).

Under the Tenancy Agreement though, it is generally stipulated that the Tenant must abide by any By Laws, and also that the Lessor/Agent must provide the Tenant with a copy of any By Laws.

The Lessor/Agent can choose to breach the Tenant under their Tenancy Agreement for failing to comply with By Laws, but in a lot of cases, Lessor/Agents simply don't because they don't care - the Lessor only cares about getting the rent, and the Agent only cares about keeping the Lessor happy, which means not rocking the boat with the Tenant, which for a breach of By Laws is not causing an initial direct problem to the Lessor who is the Lot Owner and ultimately accountable to the OC/BC.

In a lot of cases, the OC/BC have little idea how to effectively police and enforce their By Laws, so breaches go on for protracted periods of time - Lessors/Agents/Tenants get comfortable with this and think it's ok, until it's not...

 

Just get rid of this type of tenant & any pm that thinks this sort of thing is ok.

Anyone causing a nuisance to others in a strata building can be eventually ejected, but is not always easy & if BC is hopeless then not much will happen.

 

In QLd the BC cannot just knock on the tenant's door and demand they comply. The BC will have to deal with the owner, who then goes to their PM who finally takes it up with the tenants. Good luck
Just get a real PM to deal with it all.

 

Our strata for an IP has a very strict no smoking policy in common areas and balconies except in designated areas and the lot owners are held reponsible with fines .
Its up to the lot owners after that.
Just need a photo of offenders and the unit to send to Strata.

 

Not withstanding the other informed posts in this thread, the answer is no, only the Tribunal can issue fines.

However, your Strata Committee might consider something like this:-

NSW: Can a parking offender's car be towed from common property?

to help alleviate the problem...

 

Thanks all. Well, I'm the lessor and lot owner and I *do* care that my tenant is being a pest and a nuisance to all my neighbours. I don't mind losing a few weeks' rent in the process of getting the house vacated and finding a new tenant. I just want a decent human being living in my house and abiding by the rules and not trashing the place. Is that too much to ask?? I'm starting to think it is...

 

Then get your PM to start the termination process. Or you can do it yourself as well.

You keep complaining about your PM - have you given them direct instructions about this?

 

Multiple written instructions, including "What steps are we taking to ensure they return the front and back garden to the condition it was in at the beginning of the tenancy?" and

"The tenant is in breach of his agreement, please immediately send him a 14 day Breach of Tenancy".

No response to that one.

The only other response was, "you should go to the property and see it for yourself".

So I'm seeing it on Tuesday morning.

 

I've been advised not to do it myself as NCAT can be very particular.

 

I had the same issue and the PM did not care despite it impacting the other tenant. I got rid of the offending tenant and PM.

 

Is this the same house as the plants removed?

 

In a local complex its tyre clamps and fee to remove (about $150 from memory)

 

Name and shame the PM

Or indication on company name, let others know