Tenant and By Laws

By Bailey Compton 20 Oct 2023

What rules?!?

It is well understood that a tenant must comply with the strata or community title by-laws.

Tenants are referred to often as occupiers, and are bound under the statute to comply with the by-laws. It is important to know that, it is a condition of all tenancy agreements that the tenant comply with the by-law as amended from time to time. It is a requirement of all the relevant statutes that a property manager must supply a copy of by-laws to the tenant prior to the tenant taking possession. What is surprising, however, is the number of agencies failing to comply with this standard. It constantly is an oversight that tenants are not aware of their obligations to an Owners Corporation.

By-laws are not always standard. We have recently completed a community management statement where there were specific rules regarding views, the pool, tennis court, community centre and the BBQ. Amongst these by-laws was the procedure for the booking of the tennis court and the community centre. If a tenant is not afforded these benefits, a landlord may end up in NCAT as they were depriving the tenants of the full amenities of the property.

Using the same by-laws, there were specific rules in relation to pets. The community management statement permitted animals but placed strict rules on these pets when using common property. For example, cats must be belled up. Additionally, animals are excluded from the pool, tennis court and BBQ. It seems unfair that Labradors are deprived of scavenging from a BBQ. Nonetheless, your tenant may face a breach notice for breaking a simple law just because they do not know.

Living in a community is tough enough, but it is even tougher when you have no access to the rules.