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‘Strata bylaws’ and ‘common sense’: the definition of illogical

‘Strata bylaws’ and ‘common sense’: the definition of illogical

Common sense, that good old standby we apply to any complex dilemma, is the thinking equivalent of comfort food: it makes you feel better now but causes problems later.

What does it actually mean in strata? When your committee tells you it runs things on common sense rather than the letter of the law or the bylaws or rules of the building, be afraid. Be very afraid.

Here’s a familiar example: “Tenants are likely to be more trouble than owners because they have less invested in the building.”

Does that stand up to the pub test? Pretty much.

"Tenants are likely to be more trouble than owners because they have less invested in the building" stands up to the pub ...
“Tenants are likely to be more trouble than owners because they have less invested in the building” stands up to the pub test but not the logic test. Raquel Miguel Gueuse

But let’s apply logic to that statement. “Trouble” means what? Making too much noise? Not sorting the recyclables? Parking in the wrong place? Throwing parties every weekend? It’s any or all of these.

But tenants can be evicted (by their landlords) for breaching bylaws while owners certainly can’t. So, logically, tenants should be less likely to misbehave than owners because the potential consequences are much more serious.

OK, does your failure to acquire sufficient wealth to afford a home make you a nastier person? Of course not, and the opposite may be true.

Tenants can be evicted while owners can't, which means they should be less likely to misbehave than owners because the ...
Tenants can be evicted while owners can’t, which means they should be less likely to misbehave than owners because the potential consequences are much more serious. stuff.co.nz

The most trouble I’ve ever had from a neighbour was a rich, young, high-flying owner, with more money than sense and an overriding sense of entitlement.

Oh, and tenants are much less likely to tie you up in legal battles just because they can. It’s the people who don’t care who cause the most trouble in strata schemes, regardless of their socio-economic status.

Another example of “common sense” suggests that since visitor parking is common property, then it’s shared space and owners should be allowed to park there on a first-in, best-dressed basis.

After all, it sits empty most of the day, so it’s being wasted, right? No, it’s vacant so that it’s available.

Common sense also convinces some people that keeping the levies low at all costs is the best way to run a building. They find this isn’t true when savvy potential purchasers look at the state of the block and the empty maintenance fund and decide to spend their money elsewhere.

Nod and a wink

Common sense might tell you that giving a neighbour some leeway on bylaws and their personal use of common property, on a nod and a wink, is better than getting involved in all the red tape and special resolution bylaws required for renovations.

However, experience tells us that any allowances that aren’t identified, codified and registered can eventually become the source of an expensive, bitter and disruptive dispute.

Often this occurs after the original nods and winkers have moved on to pastures new, leaving others to fight over who’s responsible for what when it all falls apart.

So alarm bells should go off when your committee chair or strata manager says something is just common sense. Faced with a dilemma, read your bylaws and ask an independent expert, if you’re not sure. That makes real sense.

Jimmy Thomson edits the apartment living advice website flat-chat.com.au. States have different strata laws.

Source: Financial Review 15Nov18

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