One of the most-seen weasel words in strata is “reasonable”. And it’s an often-visited grey area because it isn’t defined and can’t be.
Even section 252 of the NSW strata Act allows for a “reasonable” excuse for a breach, but puts the burden of proof back on the defendant “on the balance of probabilities.”
“Reasonable” is peppered throughout the model by-laws, from the length of time you can hang washing out to the steps you must take to control the behaviour of your guests
“Uneasonably” comes up again in the NSW strata regulations, specifically in relation to an animal’s interference “with another occupant’s use and enjoyment of the occupant’s lot or the common property”.
Oddly enough, unlike how far you should go in restraining your rambunctious guests, “unreasonably” is tightly defined in this regulation, from dogs that are aggressive or even smelly, to cats that wander into others’ lots.
And, of course, there’s the model by-law about permission for pets which must not be “unreasonably” refused – whatever that means.
This week, one of our Flatchatters has obtained an agreement with his owners corp that it will organise the removal of magnesite from his apartment within a “reasonable” time.
But weeks have passed and there’s been no movement. So what is a reasonable time? You can chip in your 10-cents-worth of reasonable estimates HERE.
Elsewhere on the Forum
- How do your deal with unqualified and incompetent building managers? That’s HERE.
- What does “in good faith” even mean? That’s HERE.
- Mould was coming into my flat from common property – how come I had to pay for the investigation? That’s HERE.
- Why does reinstating infill on common property require a DA from council? That’s HERE
- Was the newspaper story about the elderly couple allegedly facing bankruptcy and homelessness a beat-up or an expose of the cruelty of strata committees? That’s HERE.
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Tagged: definition, delays, forum, mould, reasonable
One of the most-seen weasel words in strata is “reasonable”. And it’s an often-visited grey area because it isn’t defined and can’t be. Even section 2
[See the full post at: Forum: How can you define ‘reasonable’?]
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.
› Flat Chat Strata Forum › Current Page
› Flat Chat Strata Forum › Current Page