Dear Auntie
One of the owners at our strata scheme refuses to maintain their property. It’s disgusting! Rubbish everywhere, broken palings and it just looks grubby. The committee is worried vermin and mice will be next. The owner won’t listen to us. What can we do??
Sincerely, Giovanni
Dear Giovanni
Auntie knows how frustrating this is, especially if you are living next to it. The general rule of Auntie’s thumb is that an owner is required to maintain their lot and if they do not, the body corporate can step in and do it and bill the owner. It’s important, though, to make sure what it is you are concerned about, because there is a difference between ‘maintaining’ and ‘keeping it tidy’. Auntie recommends reading this adjudicator’s order on the subject.
On mice and vermin, there is a responsibility on the owner to ensure their lot is not used in a way that causes nuisance or hazard, and you may be able to argue mice and vermin could be a ‘hazard’. Not many things have been declared a hazard so far in cases, so it might be a tough ask to prove.
Auntie suggests trying again with the owner to clarify their responsibilities and that they may face a financial impact if the body corporate must do it. Maybe also make some sensitive enquiries about whether the owner has a medical condition which is leading them to not maintaining the property. Perhaps there is a family member to speak with, or some other circumstance to be aware of. In strata, Auntie knows that sometimes, the full story isn’t always immediately apparent.
Do you have a question for Strata Solve’s Agony Aunt? You can ask it here. While Auntie deeply cares about your strata queries, she regrets she cannot give legal advice or answer every single question, as she is a busy woman.