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We have a tenant in a strata plan in NSW who is using a common property area for parking, despite having a garage. As the sole representative of the Owners Corporation, and with my partner as the in-house caretaker, we permitted this because the space was unused and not obstructing anyone.
However, the tenant’s car has been leaking oil, worsening the stain on the concrete daily. This is becoming both a health and safety hazard and an eyesore. Our caretaker has repeatedly asked the tenant to address the oil stain and prevent further leakage, but the tenant responded angrily, claiming they own the spot and it was included in their rental agreement, which is doubtful. They insisted on cleaning it only upon moving out. After further warnings about cleaning the area, the tenant threatened to call the police on our caretaker.
I have not yet contacted the strata manager about this situation. Before I do, I would appreciate advice on how to compel the tenant to clean the oil stain and stop using the spot until the car is repaired.
- This topic was modified 6 months ago by .
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Somewhere in your by-laws there will be one about not damaging or otherwise affecting common property.
There may also be one about not parking on common property without written permission.
If nothing has been done in writing to this point, then you might start by getting your strata manager to warn the tenant, the agent and the landlord that they are in breach, detailing the relevant by-laws.
If that doesn’t do the trick (give them 14 days to move the car) then get your strata manager to issue a Notice to Comply for each of these alleged breaches and also send them a letter reminding them that by being in breach of the by-laws also means they are in breach of the standard statutory rental agreement and may be liable to be eviction as a result.
To be fair, as a general rule, tenants are even less knowledgeable about their rights and responsibilities than resident owners (and that’s not saying much). I’m not in favour of issuing warnings before you send a Notice to Comply (which is a warning) but in some cases you may need to explain the facts of strata life before you take action.
Do it all through the strata manager – that’s what they’re paid for and it reduces the element of personal conflict.
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.
- This reply was modified 6 months ago by .
As a band-aid solution that is immediate, an inexpensive oil drip tray from an auto retailer placed on the floor underneath the engine might stop the oil staining the concrete.
A drip tray will help, but who is going to be responsible for removing and disposing of the oil in it?
If the car is parked in the lot parking space, it will still be leaking oil onto the floor, which technically is also common property?
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