By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members!

Adult son of tenant visiting, sleeping in vehicle on common property: What to do?

Member’s question:

Good day Paddock Team,

What is the right of the body corporate when a tenants have an adult son that is not on the lease agreement, this particular son is parking his vehicle on common property outside as well as inside the complex, he is homeless and sleeps inside the vehicle.

Furthermore he enters the complex when his father is not home. The other residents feels that he could possibly be a risk as he is unemployed and associated with drugs.

Can the body corporate prevent the tenant son from parking on common property, and can assess to the complex be denied to the son.

Your guidance in this matter will be appreciated.

Graham’s answer:

Dear member,

A general feeling that the son is associated with drugs or a prejudice against him because he is unemployed is not sufficient for the body corporate to attempt to control this behaviour.

A tenant normally has the right to allow his family, such as this son, to visit the rented flat and visitors are allowed to use the common property, within reason, so the son’s being on the common property is not, in itself, a breach of either the lease or the scheme’s rules. A tenant’s visitor is entitled to park in the scheme’s visitor’s parking, so again, there is no obvious breach.

However, the use of the common property by a tenant or tenant’s visitor must be reasonable, so I think other owners and the body corporate have a right to object to anyone who regularly sleeps in a car on the common property. I suggest you get photographic and witness evidence that this happens regularly and then launch a CSOS application for an order against the parents and son to the effect that this constitutes a nuisance and they, and their visitors, are not to sleep/live in a car on the common property or otherwise abuse the visitors’ parking bays.

What the son does outside the boundary of the scheme is not something the body corporate can control.

Graham.

Can a body corporate contribute to security measures outside of the scheme boundaries?

Member’s question:

Hi Graham

I have a scheme that would like to contribute to a security initiative outside of the scheme boundaries. The security initiative is driven by a 3rd party to increase patrols and security technology (cameras etc) within the neighbourhood.

They have approached all the schemes in the area to contribute towards their operational costs. Certain members within the scheme are opposed to these additional costs. The trustees would like to participate in this initiative and need to know what resolution would need to be passed.

Can this be passed by inclusion into the Conduct Rules (Special Resolution), or would one need to pass a unanimous resolution. My opinion would be having to pass a unanimous resolution as this falls outside of the schemes boundaries (ie Public spaces).

Am I correct in my thinking?

Regards.

Graham’s answer:

Dear member,

I don’t think the owners need to make a special conduct rule.

As long as the trustees are convinced that the body corporate’s participation in this security initiative will have the effect of increasing security within the boundaries of the scheme itself, the decision to join can be authorised by a trustee resolution under Prescribed Management Rule 21(f).

However, the amount of the body corporate’s contribution will also have to be covered by a budget item approved by owners, as required under Prescribed Management Rule 9(c), before the trustees are entitled to authorise payment of the subscription.

In the circumstances I suggest that the body corporate’s agreement to participate should only be for a year at a time and that the expense should be shown as a separate line item in its administrative fund budget.

Graham.

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Article reference: Paddocks Press: Volume 14, Issue 10.

Graham Paddock is available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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