People, Parking & Ppets

© Copyright 2012 TEYS Lawyers www.teyslawyers.com.au

The Commi=ee’s Guide to Managing People, Parking & Pets Tips and Traps for Managing Contentious Issues in Apartment Living


The Owners CorporaHon Is the New Fourth Level of Government


Developer Imposed By-‐laws Are ORen Over The Top

§  Full of useless possibiliHes (eg piano falling through floors)

§  Wri=en before built and oRen without consultaHon with strata managers

§  Developers try to hold on to power too long via by-‐laws


By-‐laws Can’t Make Dumb People Smart

By-‐laws should be kept short and simple so they are easy for owners to refer to without lawyers:

§  Avoid repeaHng things in the legislaHon

§  Stop trying to save people from themselves

§  Don’t interfere with life and liberty when it doesn’t ma=er


But By-‐laws Can Make Reasonable People More Considerate

Smoking on lots and common property causing smoke driR can be regulated via by-‐laws

§  Health evidence supports the ban

§  Inline with social norms and community standards

§  Case law authority supports total ban on common property and lots in some circumstances


Parking Is Always A Problem

AddiHonal by-‐laws can usefully add to OC powers to:

§  Define what a visitor parking means

§  Regulate oversized vehicles §  Authorise removal and impounding of

owners cars but not visitors

Owners with Htled car spaces or exclusive use can remove cars for trespass


Absolute ProhibiHons Of Pets Is Unreasonable

Remember, bylaws are not about majority rule; prohibiHon is not in the interests of all owners in the scheme

§  63% Australian households have pets §  Sensible rules can be made about behaviour


It’s Time To Be Reasonable

It’s Hme for associaHons to write responsible rules and review exisHng restricHons, to eliminate restricHons that are outdated and illogical, and to address specific problems with clear, specific soluHons, to realize overzealous, unreasonable (commi=ees) can be more damaging to property values than the violaHons they so rigorously try to prevent. It’s Hme to be reasonable. Author, Kenneth Budd, ‘Be Reasonable! How Community Associa<ons can Enforce Rules Without Antagonizing Residents, Going to Court, or Star<ng World War III’


About the Presenter Michael Teys is the Founder and Principal Lawyer of TEYS Lawyers. He has a Bachelor of Laws and practices exclusively in the area of strata and community title law. He is a Fellow of the Australian College of Community Association Lawyers. He was formerly an Adjunct Lecturer with Charles Sturt University. He has also been the CEO of a publicly listed company and one of Australia’s largest strata management companies managing over $8B of residential and commercial property. Michael appears weekly on SKY News Business Channel's Property Success with Margaret Lomas and is a regular panellist for the property edition of Your Money, Your Call for the same channel. You can read Michael’s blog at www.michaelteys.com and follow him on Twitter at @MichaelTeys.com

Teys Lawyers practice nationally in strata and community title law representing owners corporations, bodies corporate and apartment owners. The firm’s practice groups include building defects, strata community disputes, strata title property law, by-law / rules and levy / fee collection.

TEYS Lawyers provide an entirely cloud based working platform for their team. The firm provides flexible working arrangements and has remote working locations in Queensland and Victoria.

People, Parking & Ppets

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