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Hi I would appreciate some opinions regarding a drug raid that was carried out by the police in around one of our strata villas.
This villa is rented. It isn’t my villa but one of the other owners. However I was the only owner that saw it unfold.
I am not sure if the tenant had also hidden them on the common property as well as in their villa, however the police found the drugs and the tenant was charged. The tenant has not been to court yet nor is it known at this stage if he will be convicted.
My questions are:
At this point in time, can we as the owners corporation tell him to leave based on this event alone?
Does this illegal act fall outside strata legislation and by-laws rules and regulations ?
If it also comes under the rules and regulations of NSW strata legislation, where would I find one that is applicable for this type of situation?
Apart from the obvious stress and great anxiety it has caused, we are also concerned about the reputation and good name of our strata block.
I would appreciate any opinions and information. Thanks.
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@Susanp said:
Hi I would appreciate some opinions regarding how to handle a police drug raid that was carried out in around one of our strata villas.They have not been to court yet nor have they been convicted.
At this point in time, can we as the owners corporation tell them to leave based on this event alone?
No. There is still a presumption of innocence in Australian law. They haven’t been convicted or pleaded guilty to anything yet.
Does this illegal act fall outside strata legislation and by-laws rules and regulations ?
Pretty much – unless they were creating a nuisance or danger to other owners.
Apart from the obvious stress and great anxiety it has caused, we are also concerned about the reputation and good name of our strata block.
The significant legal position comes under the Residential Tenancies agreement specifically clause 15.1:
15.1 The tenant agrees … not to use the residential premises, or cause or permit the premises to be used, for any illegal purpose …
If they were selling drugs from the unit they would be in breach of their rental agreement. This would allow you to put pressure on the owner to evict them (under their obligation to moderate the behaviour of the occupants of their lot) or at least not renew their lease.
But while you are waiting for the trial, you might want to install some security cameras pointed at their front door which might persuade them that moving was a good idea
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hi,
Circumstances surrounding the police action has anything to do with the strata scheme ?
If what occured in anyway breached your strata bylaws then your strata committee would be able to act on that otherwise non of your business.
Regardless of police action or tenants circumstances.
Welcome to the world of strata, these things and more will happen !
The tenants have the same civil rights as you, even though they where charged with an offence. Nothing on the standard lease could disadvantage them.
If the tenant performs an unlawful act againts you or the strata scheme there is not much you can do.
kind regards.
digby
I think in the first instance, you need to have a chat with the landlord and tell them that it’s time the alleged drug dealer moved on. Only they can terminate the tenancy – the owners corp can’t.
You might also circulate a “proposal” to install CCTV cameras to monitor common areas, pointing out that apartment front doors are common property so there are no concerns about privacy, under the law.
This need only be a kite-flying exercise, to see how the alleged miscreant responds. Chances are they will be alarmed enough at the prospect of increased scrutiny to leave of their own volition.
Digby is quite wrong to say “If the tenant performs an unlawful act against you or the strata scheme there is not much you can do.”
Strata law doesn’t make you immune to common law. Assaults, abuse, threats and illegal behaviour can be dealt with without any reference to strata law or, for that matter, residential tenancy agreements.
And strata law has several avenues, including Notices To Comply and NCAT orders to deal with bad behaviour.
However, it should be recognised that the high security and restricted access of modern apartment buildings make them a perfect haven for drug dealers and their ilk. That’s why some drug dealers are model neighbours – provided they don’t ply their trade in the actual building – as they don’t want to poo in their own nest, so to speak.
But, as explained above, using a rented property for illegal purposes invalidates a lease – although you have to prove it.
So quiet diplomacy with the landlord would be the first step for me. They have a responsibility over the behaviour of their tenants and a gentle nudge may be all it takes.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hi
If the tenants has performed unlawful act against you or the strata scheme then I would would suggest you take the correct action depending on the offence committed as my previous comment was out of context.
Thank you for correction Jimmy
digby.
Drugs are on their way to being decriminalized with most of the harm either shown to have been caused within the prohibition model or to be myth. Drug dealing will be come less of a problem.
If I had a drug dealer living next door and they were quiet and respectful I would stay out of it I would feel quite dirty if my building was populated with developers and property investors knowing how many elderly and crippled people were driven onto the streets so you can all have you high rents and not see the victims
Hi Steve – I’d be wary of making sweeping statements. While I agree that there is definite evidence to support the legalisation of some drugs, there are other types of drugs which are incredibly destructive to those people who use them and deal in them. Without knowing what this tenant was dealing, it is difficult to make a judgement. I completely understand Susan’s concern. I hope they can sort this out quickly and reasonably and the residents can feel secure again.
Does the tenant have a current lease? If so would the landlord be amenable to releasing them from the lease without penalty?
This may give them an incentive to leave without fuss resulting in a win/win for all parties.
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