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I was speaking to a friend who is in the process of creating a special by-law to ban social housing from their block.
They have had infinite problems from an owner who lets out their premises to a community organisation..
We have a similar issue where 1 unit in our block of 12 is let to a community housing co-op.
9 times out of 10, the tenants have been a nightmare. Breaches of Strata by-laws, destruction of common property, police visits etc.
My question is to the legalities of banning an owner from this type of leasing arrangement?
In an ideal world it would be nice to allow this but reality is these arrangements have brought nothing but trouble to our block and by the horror stories told by an acquaintance, theirs as well.
Does such a special by-law legally hold up?
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You can’t ban social housing tenants – but you can make landlords responsible for their behaviour.
S 153. Owners, occupiers and other persons not to create nuisance(1) An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not—
(a) use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not),…
And you can also make them responsible for their own behaviour by resolutely issuing notices to comply and following through on them
But can we just get past the idea that social housing tenants are going to be a problem? The worst problems I have encountered in strata have been with rich, entitled a-holes, who think they are superior because they’ve made a bit of money.
Social housing tenats probably don’t pay for live bands to perform all day and night at weekends, or have mobile discos that START at midnight.
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.
David 2708 said:
It isn’t all about rich people looking down on public housing. It’s everyday working people paying a mortgage who would like peace and quiet.
I understand and totally sympathise. However, our strata laws don’t allow us to create by-laws that discriminate or interfere with owners rights to let their properties. Banning social housing families would trigger challenges on both fronts.
That said, section 153 says owners must not permit occupants to create a hazard or nuisance. So go after the landlords who have the power to evict tenants who breach by-laws. And get NCAT orders to that effect, as they carry much stiffer penalties. Eventually the landlords and their agents will be much more careful about who they let their property to.
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.
Three thoughts (with a lot of maybes in them):
Is the unit effectively being treated as a short-term let as opposed to a series of problematic, but longer-term tenancies? If it’s short-term letting, does that give the OC some means of dealing with it via By-Laws?
When the residents are there as part of an agency’s help program, that might mean that the lease is not a genuine residential tenancy. It’s possible that an accommodation assistance program might actually require a Development Application to Council, in turn requiring community consultation before approval (eg one I know of for recovering drug offenders – it was rejected). However be aware that most Councils are pretty sympathetic to such programs.
Lastly, if the Lot Owner is not interested, perhaps an approach to the organisation concerned might help. While they usually make sure that the lease is in the resident’s name, they do have some duty of care to inspect the dwelling and to meet with their clients. If the OC has documented complaints about behaviour and damage, that might prompt (and help) the provider agency to take more interest – at least in vetting the clients who end up there.
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