What do you do when one of your neighbours decides to exploit shared amenities to run a business? Whether it’s personal training in your gym, turning your home into a hotel through short-term rentals or even just taking advantage of your privacy, selfish behaviour is a blight on strata life – even when the service is needed.
QUESTION: A neighbour in our small group of townhouses has set up a child minding business without informing anyone. Now we have strangers buzzing to be let in the private walkway and speeding down the private driveway and parking in it while they are dropping off their children.
There have been several near misses with residents’ cars as well as problems with vehicles blocking the garage and the walkway gate. We’ve talked to the strata manager who says they got approval from council so we have no comeback. Is there no strata legislation covering turning units into business centres?
And before anyone thinks we hate children – half of us have small children and parents are worried about their safety – Overrun, Inner West.
ANSWER: Your neighbour is almost certainly operating illegally and, without the permission of the Owners Corporation, in breach of your by-laws too.
Change of use planning applications have to be notified to near neighbours in any housing situation. In the case of strata developments, your particular council requests the approval of the Owners Corporation backed by your strata seal.
Planning approval would also have looked at parking and access, again pretty much ruling your development out. Obviously you didn’t provide that (although your idiot[*] strata manager may have done so without telling you).
So go through your by-laws and establish which of them this neighbour has breached, then send out a “Notice to Comply” which carries with it the threat of a $550 fine per breach.
At the same time you need to get on to your local council. If they have given permission, ask how this could happen without the due process taking place.
And sack your strata manager. They are either lazy or incompetent or, if they provided approval on your behalf without telling you, in cahoots with your neighbour.
This is exactly the kind of third-rate service that has professional strata managers tearing out their hair.