Tenant breaking by-laws

[cornflower]

Hi everybody!

I have a very interesting conundrum!!

I have received some correspondance from my PM. Apparently my tenant has been breaking by-laws, and the strata title manager has requested the tenant be given notice to quit.

Simple so far....

The PM has inspected the property could not see any breach of the by-laws.

In the letter I received, there was no description of what by-laws the tenant breached, so I called the Strata Title Manager (STM) to find out.

The STM informed me that the tenant was hanging a mop off the balcony. I then informed the STM that this unit does not HAVE a balcony. STM then informed me that the tenant was keeping the property messy and that this was visible from outside, and that the tenant was being unco-operative. And get this "that the tenant was Indian and didn't fit in. And that the secretary was being 'egged on' by the other owners and tenants" and that I should "look after my own interests" and that the secretary wouldn't complain like this if there was "no reason".

Given that the unit only has windows all with curtains on them, and that the windows are just above eye level, I find it impossible to understand how the "mess" could be visible from the outside, without the use of a ladder, that is.

Given that the tenants are perfect with their rent payments, that the PM didn't see any breaches, and the "charges" look a little trumped up, I'm starting to see some racial villification here.

The STM has advised me that the committee of the strata plan will refer the matter to Fair Trading if I do not terminate the tenants lease.

I like these tenants because they have been there 3 years, pay their rent in advance, and every inspection done has come up perfectly.

So would it be best to terminate it or not?

I can't prove racial villification and apparently the STM has photo's of the breaches of the by-laws etc. (Not that any evidence was offered to me to see regarding the breaches.)

Any help would be appreciated!

 

[TheBacon]

Definitely get the STM to mail you proof of any breaches and copies of letters and notices sent to your tenant.

Tell the STM you want to inspect ALL of the eveidence before you do anything and that hearsay is not enough, you want proof, and you want it in writing.

If there is a case, surely the fist step is mediation, see if the differences cant be sorted out. Next perhaps a formal warning and finally eviction.

Note that as an owner you have a say in the running of your body corporate, you may need to become more involved here.

I'm sure others will give you more advice than I can.

TheBacon

 

[Chantal]

Hi cornflower,

What a horrible situation for both you and your tenants. I say if they've been good tenants, and it sounds like they have, they deserve to be defended by you.

You certainly need to be aware of all of the facts and hearsay certainly appears to be a problem here. What do the tenants say about all this?

As a Melbournite I'm not sure what role Fair Trading plays in this, it doesn't seem like the logical place for the matter to be sorted out!

I know you probably don't want to spend money on legal advice but have you thought about going to a community legal centre? They may be interested in this sort of dispute and in Melbourne so far as I know they don't charge you.

And what about speaking to the Office of the Equal Opportunity Commisioner or the like? If racial vilification is going on, they may be able to help you.

The question I have is, would you even be able to evict the tenants in these sort of circumstances?

Good tenants are hard to find and in my opinion they're worth fighting hard for.

Good luck to you and your tenants.

Cheers,

Chantal

 

[WillG]

If your tennant pays rent on time and has the place clean & tidy for your PM defend your tennant.

Body Corps have only caused me pain !

 

[cornflower]

Thanks so much for the good advice.

I have written a letter to the TSM requesting all information and proof that the tenant is breaking the by-laws.

I'll let you know what they come up with!

Thanks again..

Cornflower

 

[asy]

Nicely done Cornflower...

It certainly sounds awful for the tenants...

We have two Indian families renting through us, and they are just as gorgeous as yours sound. Always pay on time, and inspections are always perfect...

We also have a couple of Body Corps like yours sound...

One in particular didn't like a particular tenant so they trumped up some 'charges' of him 'staring' at one of the 14-ish year old daughters of another tenant... Unfortunately as soon as he heard this he moved out (we helped him find another place, with the landlords approval). Aparrently all this came about because he had an altercation over another tenant parking in his turning area (or the like).

Unfortunately, when you get lots of people in a small area and they don't all get along, they tend to get on each others nerves more than usual, you also (almost) inevitably get one resident, always an owner occupier, who thinks they can run it as a dictatorship.

Let us know how it goes...

asy

 

[natmarie73]

If it did go to the anti-discrimination tribunal, your evidence of what the body corporate said to you ie the tenant is indian and didn't fit in would be taken as evidence of racial vilification.

Tell the body corp that you have spoken to your tenant and have reminded them of the bylaws (even though they are most probably not breaking them). If there are new charges laid against them then you probably have a case of racial vilification. It seems hard to believe that after 3 years they are suddenly breaking all sorts of bylaws. The Anti-discrimination tribunal would take that into account as well I'm sure.

Nat.

 

[phm]

Hi there Cornflower

You are probably already doing this, but keep detailed accounts of all phonecalls, conversations, times, dates, etc, because you never know what you may need to refer back to.

The mere fact that the STM said that the tenant was "indian" and "didn't fit in", makes you immediately think that the complaints are racial.

 

[TheBacon]

On a lighter note;
My family is Sri-Lankan, I'm not sure if they would 'Fit In' into a block of flats either LOL. But they would certainly be good neighbours i.e. curry to who-ever wanted it, whenever they wanted it....

TheBacon

 

[handyandy]

Hey, sounds good, TheBacon. lololol When is dinner?

The people complaining musn't have enough activity in their live and want something to worry about other then the plot of their latest soapy.

There is just no way that I would even contemplate evicting a good tenant when there is obviously no real reason. As far as I am aware a procedure should be followed which consists of warnings etc.

Is there another Stm that you can discuss these issues with and find out the most effective way to respond under the strata act. I don't know the exact details but you can even take the strata manager to court if you can prove that they have acted unlawfully in supporting this issue. It certainly wothwhile reminding the STM of their responsibilites to you as a member of the strata.

Another suggestion is as per a previuos post is 'get involved'. You may find that the secretary is dominating the strata because nobody else cares.

We recently had this with a block where we have 2 units with the block having two stairwells. Repairs were only being carried out to the stairwell that contained the secretaries unit. As I had a unit on both stairwells I wanted the intercom fixed, went to the meeting but still was outvoted and in the end had to get proxies from the other owners that had effected units.

All these units were rented out and these owners never showed for any strata meetings consequently the secretary could do what he liked. This guy even started to think that he could build a garage in his car space. Talk about run away power.

Cheers