As some apartments do not have a whole lot of storage space, NSW Lot Owners are wondering whether you can use their garage for storage. Is permission from the owners corporation required and what impact does it have on insurance?
Table of Contents:
- QUESTION: We’ve used a storage room on our floor for over 20 years. The committee has decided to charge rent for the room. Can they request we pay $600 a month to rent the room prior to a decision being reached at the AGM?
- QUESTION: Some residents in our building have stored items in their allocated underground car space. There is no bylaw prohibiting this. Does the Owners Corporation have a right to enter a private car space and remove stored items?
- QUESTION: I share a parking garage with another lot owner whose stored items are overflowing onto the floor. The bylaw states ‘clean and tidy’. Surely this is a safety hazard. What can I do?
- QUESTION: I’m renting a unit in Brighton-Le-Sands, southern Sydney and I have a double garage. Can I use the garage for DIY projects rather than for parking of vehicles?
- QUESTION: A lot owner in our 5 lot NSW strata building is using the garage to store carpets for their business. What impact would this have on fire safety and strata insurance?
- QUESTION: Despite our by-laws stating items are not to be stored in car spaces, this still occurs. Audits have pointed out the risks but our Body Corporate takes no action. As the matter is known, is our insurance in jeopardy?
- QUESTION: Our strata is demanding that we don’t store anything other than a car in our car spot. Is this legal? If the boxes are neat and tidy, why can’t we store them in our parking lot?
- QUESTION: Can you hang your bicycle from the ceiling of the balcony in a strata apartment? We have nowhere else to store the bike.
- QUESTION: Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level?
- QUESTION: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance?
Question: We’ve used a storage room on our floor for over 20 years. The committee has decided to charge rent for the room. Can they request we pay $600 a month to rent the room prior to a decision being reached at the AGM?
Our owners corporation has a by-law providing that fobs can only access respective floors in our building. Various residents on our level (8) have shared a storeroom located on this floor for the past 20 years. The room is not classified as a storage area on the strata plan like other storage areas in the complex. The residents were advised maintenance of the room was the shared responsibility of the lot owners on level 8, not the owners corporation.
The strata committee would now like to rent the storeroom. We’ve been told to either remove our items or start paying rent at an amount of $600 per month.
If the storeroom is offered to others in the building, we feel the security and privacy of the residents on our floor would be compromised.
Do we have any rights? Can the committee impose a rent prior a decision being made at the AGM?
Answer: Attend the general meeting and voice any concerns prior to the owners voting on the resolution.
Based upon the information provided, it appears the room you are referring to is common property.
I also assume there are no by-laws in place in relation to the room.
Section 112 of the Strata Schemes Management Act 2015 provides the owners corporation with the right to licence the room, subject to the licence being approved by the passing of a special resolution:
112 Owners corporation may grant licence to use common property
- An owners corporation may grant a licence to an owner or occupier of a lot in the strata scheme or another person to use common property in a particular manner or for particular purposes if the owners corporation has approved the granting of the licence by a special resolution.
- A licence may be granted subject to terms and conditions.
- Without limiting this section, a licence may be granted under an agreement with the local council for a strata parking area under section 650A of the Local Government Act 1993.
The owners corporation will usually have a solicitor draft a licence agreement.
The licence agreement will then be annexed to the notice of the general meeting pursuant to which the special resolution is to be made.
You may wish to make enquires with the strata manager to obtain a copy of the licence agreement before the notice of the general meeting is issued. You should inform the strata manager that you have concerns in relation to people having free access to level 8, that the licence agreement should have terms and conditions to maintain security on level 8, and you would like to review the licence agreement to ensure it does not impact upon your security or privacy.
For example, you may consider if the licence agreement should limit the number of people who may at any time hold a licence to use the room, limit the number of access cards issued for use in relation to the room, place restrictions on items which may be stored in the room (no flammable goods, no perishable foods, etc.).
It would be better for you if your concerns are incorporated into the terms and conditions of the licence agreement before the agreement is annexed to the notice of the general meeting.
You should attend the general meeting and voice any concerns prior to the owners voting on the resolution. If you wish to propose changes to the wording of the agreement, or restrictions on who may licence the room, you should be prepared to discuss such matters at the general meeting.
In relation to your concerns regarding security and privacy, a properly considered licence agreement should be able to cater for these concerns. I provided a few examples of how your concerns could be addressed above. If you consider your security and privacy is compromised by anyone else accessing level 8 to use the room, and no one else should have access to level 8, you should be prepared to substantiate these concerns at the general meeting.
It is not clear why the owners corporation would advise you have the responsibility to maintain the room. This implies the owners corporation knew you were using the room. You should obtain legal advice in relation to whether any legal rights for you to use the room arise from this.
In relation to whether the owners corporation may impose a charge of $600 on you to use the room. Based upon the information provided, it appears the owners corporation does not have the right to impose this charge at this time. However it may also be the case that you do not have authority to use the room. The owners corporation may have the right to ask you to remove your property from the room and stop accessing the room. You should double check the registered by-laws and check whether there is anything in writing (for example minutes of meetings) authorising you to use the room. You should obtain legal advice in relation to this before any licence is put to a general meeting for resolution.
If you consider you should have the right to continue to use the room because you have used it for the last 20 years, you should obtain legal advice before any licence is put to a general meeting.
Shane Williamson Williamson Lawyers Pty Ltd E: shane@williamsonlawyers.com.au P: 0404 045 605
This post appears in the June 2023 edition of The NSW Strata Magazine.
Question: Some residents in our building have stored items in their allocated underground car space. There is no bylaw prohibiting this. Does the Owners Corporation have a right to enter a private car space and remove stored items?
Our strata plan has an underground car park with allocated car spaces for each lot. Where there is room, some owners have utilised the car space to store personal items in addition to a motor vehicle.
There is no by law expressly prohibiting utility usage or storage. There is a model bylaw prohibiting lot owners from keeping items within their lot that detracts from the appearance of the common property.
Does the Owners Corporation have a right to enter a private car space and remove stored items?
How is the stipulation ‘detract from the appearance of common property’ governed, since this may be a subjective assessment, especially if the area is underground as in a garage area?
Answer: An Order from NCAT is required to grant access to a lot by the Owners Corporation.
In our view, even if the by-law did stipulate the Owners Corporation’s power of entry on a private car space, in case of items being stored which are “not in keeping with the appearance of the building”, this power would likely be unlawful, because save in case of emergency, an Order from NCAT is required to grant access to a lot by the Owners Corporation.
In terms of subjectivity, we understand there is case law that the Owners Corporation must act reasonably on the materials then available to it, not whether the reasons for its decisions are objectively reasonable.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in Strata News #623.
Question: I share a parking garage with another lot owner whose stored items are overflowing onto the floor. The bylaw states ‘clean and tidy’. Surely this is a safety hazard. What can I do?
I share a 2 car lock up garage with another lot owner. The other lot owner has installed shelving for storage. Recently the amount of storage is overflowing onto the garage floor and I believe it is a safety risk.
Our Bylaw states “The proprietors from time to time of the lots specified below are entitled to exclusive use and enjoyment of the car spaces marked on the strata plan marked VP01 & VP02 on condition that those proprietors are responsible for the proper maintenance in a clean and tidy state of said car spaces”.
My strata manager advises ‘clean and tidy’ is subjective. Additionally, the offender is a member of the owners corporation.
What should my next step be? I do not think a personal approach will be successful.
Answer: You should raise your concerns with the strata committee.
The by-law does not expressly permit the storage of items within the car space or the erection of shelving. Therefore, arguably, that owner is in breach of the by-law. While “clean and tidy” may be subjective, a reasonable person would not consider overflowing storage to be “tidy” thereby also in breach of the by-law. The overflowing items may also pose a trip or fire hazard in breach of the strata legislation.
You should raise your concerns with the strata committee who in turn may wish to enforce the by-law and have the strata manager issue a notice to comply.
Alternatively, (after applying for mediation) you could seek Orders from NCAT that the owner comply with the by-law ie keep the car space clean and tidy or remove the items being stored.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in the March 2022 edition of The NSW Strata Magazine.
Question: I’m renting a unit in Brighton-Le-Sands, southern Sydney and I have a double garage. Can I use the garage for DIY projects rather than for parking of vehicles?
Answer: Seek strata permission through your strata manager or your strata committee.
It is advisable to seek strata permission through your strata manager (if you have one) or your strata committee. Depending on the type of DIY, you might be in breach of Council Development Consent for the building or the by-laws which apply to your scheme. Further, your projects may have insurance or fire or other health and safety implications for your scheme.
The rules which apply to your scheme are the by-laws and development consent for the building together with all relevant laws including the Strata Schemes Management Act, 2015 (NSW). You also need to comply with the terms of your residential lease and will need Landlord consent depending on the nature of your project. You should approach your strata managing agent (or strata committee) and your real estate agent/Landlord for guidance/permission.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in Strata News #512.
Question: A lot owner in our 5 lot NSW strata building is using the garage to store carpets for their business. What impact would this have on fire safety and strata insurance?
Answer: You should contact your local council and make further enquiries there, as they have powers to stop the business being carried on.
Many issues arise here. The business:
- may be in breach of the storage by-laws applicable to the scheme
- may be in breach of the change of use by-laws applicable to the scheme
- may cause a fire hazard
- there may be inadequate ventilation causing health issues
- may be in breach of planning legislation
You should contact your local council and make further enquiries there, as they have powers to stop the business being carried on.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in Strata News #452.
Question: Despite our by-laws stating items are not to be stored in car spaces, this still occurs. Audits have pointed out the risks but our Body Corporate takes no action. As the matter is known, is our insurance in jeopardy?
Our bylaws are a case in point when it comes to storage in car spaces – it’s not allowed. That has not stopped the practice and the Owners Corporation will take no action to enforce the bylaw, despite both a fire risk audit and a safety audit pointing out the dangers associated with the stored items.
I don’t particularly want to be the spoilsport by making waves about this as lack of storage space is a problem but I imagine our insurance would be in jeopardy if a claim arose related to this matter when the risk has been identified and the Owners Corporation did nothing.
Answer: Depending on the insurance policy the action of storing items on owners corporation property will generally not jeopardise insurance.
Storage of items in a car space is not a specific exclusion in strata policies although I am aware of one policy on the market that requires the owners corporation to use best endeavours to follow by-laws.
Depending on the insurance policy the action of storing items on body corporate property will generally not jeopardise insurance.
Depending on how far you want to take the issue there are processes in place for resolving disputes for example in NSW you can apply to NCAT if all attempts to resolve the dispute do not bring a resolution.
Tyrone Shandiman Strata Insurance Solutions E: tshandiman@iaa.net.au T: 07 3899 5129
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances and the specific coverage afforded under their policy wording. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.
This post appears in Strata News #411.
Question: Our strata is demanding that we don’t store anything other than a car in our car spot. Is this legal? If the boxes are neat and tidy, why can’t we store them in our parking lot?
Answer: Your scheme may have the standard by-law 17, or have a specific by-law for the prohibition of storage of items in the garage which typically states “only a motor or other vehicle” may be stored in the garage of the lot.
Your scheme may have the standard by-law 17.
17 Appearance of lot
- The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
- This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other articles as referred to in by-law 10.
Note: This by-law was previously by-law 29 in Schedule 1 to the Strata Schemes (Freehold Development) Act 1973 and by-law 30 in Schedule 3 to the Strata Schemes (Leasehold Development) Act 1986 .
Or you may possibly have a specific by-law for prohibition of storage of items in the garage which typically states “only a motor or other vehicle” may be stored in the garage of the lot. These by-laws are quite common and legal, according to industry practice. In the absences of a by-law, the DA will typically set out the approved use of a car space and it is generally to park (store) a car not general storage items, including boxes.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in Strata News #358.
Question: Can you hang your bicycle from the ceiling of the balcony in a strata apartment? We have nowhere else to store the bike.
Answer: You should check your by-laws in case there is a “storage” or “balcony” by-law that might prohibit such storage.
Further, the bicycle may breach the standard by-law that an owner or occupier must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building. Arguably, the bicycle would not be in keeping with the appearance of the building.
You should also check your by-laws in case there is a “storage” or “balcony” by-law that might prohibit such storage.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in Strata News #358.
Question: Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level?
Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level?
In this instance the exclusive use of the carpark is governed by a bylaw that says “The car space shall not be used except for the purpose of parking a motor vehicle, motorcycle or trailer, in any case, the property of the resident of the proprietor’s lot”.
Instead, delivery trucks, tradie trucks, and anybody who has ‘permission’ from the owner of the carpark comes and goes all day, making slamming doors and reverse beeping. I would have thought the bylaw limited the use of the carpark to the resident’s car only.
Our Strata Manager and committee refuse to help.
Answer: In our view, noise must be kept to a reasonable level.
The standard noise by-law covers this, so yes, in our view they must keep their noise within reasonable levels:
6 NOISE An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
The fact that your particular by-law states “the property of the resident” suggests that the car space may only be used for storage of the vehicle/property of the resident’s lot, so, provided that these truck are delivering the resident’s property, they might be in compliance with the by-law on that front but in breach of the standard by-law for the excessive noise being caused. The noise may also constitute a “nuisance” under the strata legislation.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in Strata News #297.
Question: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance?
The issue I have with this is that their garage is directly below my apartment. And the Lot Owner in question seems to have a habit of consistently (every day) opening and closing their garage door at all hours. This is now becoming rather annoying and a nuisance when I’m trying to sleep. I would have thought that this may be a breach of the Owners Corporation By-Laws concerning ‘noise’.
Moreover, according to the definition of a ‘garage’ as supplied by the many dictionaries that are available online, the consensus is that a garage is defined as:
- A building for housing a motor vehicle or vehicles;
- A shelter or repair shop for automotive vehicles;
- A garage is a building in which you keep a car.
None of the dictionaries mentions that a garage is a storage facility for any other items other than a car.
I would like guidance on what can be done and if they are breaching any law/s.
Answer: Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor or other vehicles may be stored in a garage.
Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor or other vehicles may be stored in a garage and that other household or other items may not. If the items are visible from outside the garage, they may be in breach of the In-Keeping with the appearance of the building by-law. It may be that the actions of the garage owner constitute “nuisance” under Section 153 of the Schemes Management Act, 2015 (NSW).
You should also check your strata plan and the common property certificate of title because garages are considered “utility lots” under the legislation. From that definition, the garage owner may not be in breach:
- “utility lot” means a lot designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in Strata News #248.
Have a question about noise from a garage area, storage or something to add to the article? Leave a comment below.
EmbedThese articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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