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Hi There,
Can anyone comment or provide guidance on what is overcrowding. In our block of 12 units, one of the owners leased their 2 bedroom unit to a family of 5. Before long the other tenants were complaining of strollers and bicycles left in the lobby / common area as is typical with families with kids. All soon corrected with some gentle encouragement. They are not a problem – but if every owner did this it would be.
I seem to recall that on a lease agreement an owner limits the number of occupants (?), but other than that, what course is open to the other owners, tenants if this develops into a problem. I think the owner is doing the wrong thing by the other owners and I’m wondering if a by-law would be allowed / appropriate.
Regards,
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Section 137 (below) of the Act allows Owners Corproations to pass a by-law restricting the number of people in apartments to two adults per bedroom (it’s worded differently but that’s what it means). This would not cover your current situation but might be worth putting in place in case someone in the future decided to fill their apartment with bunk beds.
137 Occupancy limits
(1) A by-law may limit the number of adults who may reside in a lot by reference to the number of bedrooms of the residence.
(2) The limit may not be fewer than 2 adults per bedroom.
(3) The by-law has no effect:
(a) to the extent to which it is inconsistent with any planning approval or other law applicable to the lot, or
(b) in any other circumstances prescribed by the regulations for the purposes of this section.
(4) To avoid doubt, the Tribunal may make an order under Division 5 about a by-law made under this section.
(5) The regulations may provide for the circumstances when a person is a resident of a lot for the purposes of a by-law made under this section.
(6) For the purposes of this section, a “bedroom” is a room approved for use as a bedroom under, or indicated as a bedroom in any plans the subject of, a planning approval and includes any other room prescribed by the regulations as a bedroom for the purposes of this section.
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.
Interestingly, if the >2 adults were all in a polyamorous relationship I suspect the relevant clause in Section 137 would be the clause to fail if it went to tribunal – even if they weren’t there are situations where it would likely become an argument of relative socio-economic status and the right to discriminate, which is always thorny.
… there are situations where it would likely become an argument of relative socio-economic status and the right to discriminate, which is always thorny.
I think this highly unlikely scenario, plus socio-economic considerations are taken care of by section 36 of the Regulations which says:
36 Occupancy limits–exception
1) For the purposes of section 137(3)(b) of the Act, a by-law that limits the number of adults who may reside in a lot has no effect if all of the adults who reside in the lot are related to each other.
(2) For the purposes of this clause, a person is related to another person who resides in a lot if–(a) the person is the parent, guardian, grandparent, son, daughter, grandchild, brother, sister, uncle, aunt, niece, nephew or cousin of the other person, or
(b) the person is such a relative of the other person’s spouse or de facto partner or former spouse or de facto partner, or
(c) the person is the spouse or de facto partner of the other person, or
(d) the person is the carer of, or is cared for by, the other person.
(3) For the purposes of this clause, a person who is an Aboriginal person or a Torres Strait Islander is also related to another person if the person is, or has been, part of the extended family or kin of the person according to the indigenous kinship system of the person’s culture.
No more hypotheticals on this, please. Actual examples from real life are welcome, of course.
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.
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