Strata By laws - how to enforce on tennants?

What to do with the bylaws when you get a new tennant. Does the agent attach it as part of the contract? There is a stack of items that the tennants need to be aware about.

 

Just give them a copy pretty much.

 

I'm pretty sure that my last property manager didn't pass the by-laws on (granted, the PM didn't have a copy - but being my first townhouse IP, I didn't know I was supposed to the supply them, and the PM never asked).

But I will ensure that any future tenants get a copy, and are made aware of the onsite parking conditions (a real problem in the complex, as the tenants keep parking in the visitor's parking bays).

 

ok thank you

 

Yes, they should be provided to the tenant as part of the lease arrangements as applicable.

Be aware that your PM cannot enforce by-laws on the tenant. Sometimes body corps will ask us to take action due to breaches of by-laws but unless it breaches the terms of the lease, the PM has no jurisdiction.

 

Wouldn't one of the terms be on the lease agreement be that the strata bylaws need to be adhered to?

 

Assuming it's not one of confusion, which state are you in?

 

N

nsw

 

Whats to stop the tennant from saying that they didn't receive a copy when they start breaching the terms? Is there somewhere on the lease that they sign to acknowledge they received a copy of the by laws?

 

I would expect that for the first instance of a by-law breach a warning would be given either verbally or in writing. That way things can be sorted out before they escalate.

Maybe put a laminated copy of the by-laws inside a pantry, linen or kitchen cupboard door?
Marg

 

They can throw it out and say they never got it.

 

Then you are getting into the territory of deliberately flouting the by-laws. But at the first reminder, you can have your PM again deliver the relevant rules to the tenant by a method legally approved.

Usually parking is the worst offender, either blocking or restricting access, or using visitor car parks as a place for that extra vehicle. Make sure any advertising clearly sets out the car parking arrangements, and that your PM reinforces this.
Marg

 

Yes and no and my wording probably wasn't entirely correct - I apologise. What I mean is that if the body corporate wants to take action against the tenant they cannot and it must be against the lot owner. We can issue breaches, but if the body corporate wants to evict the tenant, they must take action again the lot owner, not the tenant.

Yes, adherence to by-laws form part of the lease but we are limited in our ability to enforce them depending on the breach as the underlying premise is that the body-corporate must take action against the lot owner.

It's a grey area but I hope that clears it up a little!

 

Your PM should attach a copy of the by-laws (provided by the owner) into the lease as an attachment, ie two copies both signed by the tenant so you have a record that you have provided it to the tenant.

Page 2 NSW lease is a tickbox that the property is strata. Clause 35 is the obligation to provide the bylaws within 7 days.

 

Cool thank you all