Flat Chat Strata Forum Living in strata Current Page

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  • #50672
    Mailbox
    Flatchatter

      I’m not sure of what we can do regarding our troublesome neighbour.

      We live in a very large strata run complex on Sydney’s lower north shore.  We are tenants and have lived in the complex for over 10 years.

      My dilemma is how to deal with an ongoing problem with a neighbour.

      He is a long term drug and alcohol addict.  He has been in trouble with the police and DOCs on and off over the past 10 years.

      Las Friday night he arrived home from a stint in a rehab clinic.  At about 8pm he left his apartment and walked about 100 meters to a local boat ramp. He assaulted 4-5 young people threatening them with a sword. Within minutes the police arrived but he had already jumped in a uber, although he is now is police custody.

      As you can imagine, we are not very comfortable with him returning to the block. His behaviour is escalating and we are very concerned that he will hurt someone.

      As a tenant what can I do?

    Viewing 4 replies - 1 through 4 (of 4 total)
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    • #50738
      Fey Knows
      Flatchatter

        That sounds terrible and I can imagine how it is for you as I’ve had a similar problem. I assume he’s an owner which makes things a bit more difficult, though you don’t say he owns. If he’s a tenant, I’d be pulling out all stops to find  the property owner and deal with it that way, via the owner.

        Tenant or owner, I doubt you’ll have much luck with any Strata Manager or Strata Committee on this one. They just won’t want to be involved and what could they do anyway? Nothing.

        The police? In my experience, even if the police know him, know about him and have incident reports and court cases with him coming out of their ears… they’ll do SFA.

        The best advice I can give you is, since you’re tenants, move as soon as you can. I know, you probably like it where you are and are used to it. But do some research first and then get out while the going’s good. And keep your wits about you until then. Get a little CCTV WyzeCam 2 online, just in case. They are so cheap and absolutely fantastic. I have two, inside looking out which is legal. Can you set one up looking out, yourself?

        Our nasty guy moved away two years ago but still comes back and sprays paint on our car and stuff, every now and again, believe it or nuts.

        #50761
        LawoftheLand
        Flatchatter

          Fey Knows is right about the police doing SFA – unless you have proof & there is some type of crime committed eg: malicious damage, stealing.  There is absolutely no governing body that can control abysmal human behaviour – unfortunately.

          My query is as Fey Knows states, she has ‘two cameras inside looking out and they’re legal’ – really? I thought you required Committee approval for cameras that are recording any activity on common property? Or is that only if they are fitted upon outside common property?  Can you have internal cameras (in your own Lot) recording outside without approval?

           

           

           

          #50760
          kaindub
          Flatchatter

            Whilst I am going to generalise, I’d bet the person is a tenant.

            Make it known to the strata manager and the committee the behaviour of this person. Ask the strata manager and the committee to contact the owner and make them aware of the tenants behaviour.
            You may be able to get the owners contact details but as you are not an interested person as defined in the act, you are not legally entitled to see the OC records (to get the owners details).

            Most strata will have a standard by law regulating the behaviour of owners, tenants and visitors. It covers dress and conduct. Your lease will include these by laws.

            if you observe behaviour by this tenant that contravenes the by law, tell the strata manager to issue a notice to comply. If the tenant contravenes this by law again not only can he be fined but it’s grounds for his landlord to terminate his lease.

            Other than that consider moving. Right now there are many properties for lease at reasonable prices.

            #50765
            Jimmy-T
            Keymaster

              Whilst I am going to generalise, I’d bet the person is a tenant.

              Well, you know what they say about “assume” – it makes an ass of u and me.  The last time a case like this crossed the forum, the miscreant was the son of the owner; the time before that, it was an owner himself. IF the person is a tenant, some of what you say may be true.

               … as you are not an interested person as defined in the act, you are not legally entitled to see the OC records (to get the owners details).

              You’re half right, but for the record you are wrong about the definitinion of “interested persons”.  Occupants are defined as “interested persons” under section 226 of the Act.  But you are correct in saying that as non-owner, tenants have no rights to see the records of the strata scheme.

              That means the tenant CAN take action at the tribunal, but against whom is the critical question. However, I have a feeling that dealing with someone who threatens people with a sword is not going to be easily resolved by issuing notices to comply.

              This strikes me as more of a mental health rather than a strata issue and anyone in a similar position should perhaps read the Memorandum of Understanding issued by NSW Health and the NSW Police force or call 1800 011 511 for advice and information.

              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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