Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 7 July 2020 at 17:22)
Part 8
Part 8 Obligations of owners, occupiers and others relating to lots
Division 1 Obligations relating to lots
151   Owners, occupiers and other persons not to interfere with support or shelter provided by lot or with services
An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not do anything or permit anything to be done on or in relation to that lot so that—
(a)  any support or shelter provided by that lot for another lot or common property is interfered with, or
(b)  the passage or provision of water, sewage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services (including telephone, internet, radio and television services) through or by means of any pipes, wires, cables or ducts for the time being in the lot is interfered with.
152   Owner must notify owners corporation of alteration to lot structure
The owner of a lot in a strata scheme must not alter the structure of a lot without giving to the owners corporation, not later than 14 days before commencement of the alteration, a written notice describing the proposed alteration.
Note.
 The right of an owner to alter the structure of a lot is also subject to other provisions of this Act relating to approvals that are required to carry out work affecting the common property.
153   Owners, occupiers and other persons not to create nuisance
(1)  An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not—
(a)  use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or
(b)  use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or
(c)  use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.
Note.
 Depending on the circumstances in which it occurs, the penetration of smoke from smoking into a lot or common property may cause a nuisance or hazard and may interfere unreasonably with the use or enjoyment of the common property or another lot.
(2)  This section does not operate to prevent the due exercise of rights conferred on a developer by the operation of section 82 of the Strata Schemes Development Act 2015.
Note.
 Division 1 of Part 6 contains provisions about the circumstances in which owners of lots may carry out work that affects common property.
Division 2 Agents for owners
154   Appointment of agents by corporations to exercise functions in relation to lots
(1)  A corporation may authorise an individual (a company nominee) to exercise on its behalf any function conferred by or under this Act on the corporation as owner or mortgagee of a lot or as a covenant chargee having the benefit of a covenant charge affecting a lot. The corporation may revoke the authority of any individual so authorised.
(2)  A function exercised with respect to a lot by a company nominee of an owner, mortgagee or covenant chargee is taken to have been exercised with respect to the lot by the owner, mortgagee or covenant chargee.
(3)  This section does not affect any liability or obligation imposed by or under this Act on a corporation which is an owner or mortgagee of a lot or a covenant chargee.
(4)  A document under the seal of a corporation purporting to be an authorisation under this section or to be a revocation of an authorisation is admissible in evidence and is, unless the contrary is proved, taken to be an authorisation or revocation.
155   Owner may appoint agent if not able to deal with notices
(1)  An owner of a lot in a strata scheme may appoint an agent to receive notices and other documents under this Act if the owner is unable to deal with those notices because of intellectual impairment or physical impairment, illiteracy or an inability to read or write English sufficiently well or absence from the lot.
(2)  A person must not be appointed as an agent unless the person is a resident of Australia.
(3)  An appointment of an agent may be made at any time and may be revoked at any time.
(4)  However, the appointment or revocation has no effect until communicated to the owners corporation and recorded in the strata roll.
(5)  If an agent for an owner has been so appointed and the name and address for service of the agent is recorded on the strata roll, notices or other documents required to be given to the owner under this Act are to be given to the agent.
Division 3 Keeping of animals on lots
156   Order for removal of an animal not permitted under by-laws
(1)  The Tribunal may, on application by an interested person, order a person to cause an animal to be removed from a parcel within a specified time, and to be kept away from the parcel, if the Tribunal considers that the person is keeping an animal on the parcel in contravention of the by-laws.
(2)  An order under this section ceases to have effect if the keeping of the animal is subsequently authorised in accordance with the by-laws.
157   Order permitting keeping of animal
(1)  The Tribunal may, on application by the owner or occupier (with the consent of the owner) of a lot in a strata scheme, make an order declaring that the applicant may keep an animal on the lot or common property.
(2)  The Tribunal must not make the order unless it is satisfied that—
(a)  the by-laws permit the keeping of an animal with the approval of the owners corporation and provide that the owners corporation cannot unreasonably withhold consent to the keeping of an animal, and
(b)  the owners corporation has unreasonably withheld its approval to the keeping of the animal on the lot or common property.
158   Order for removal of an animal permitted under by-laws
(1)  The Tribunal may, on application by an interested person, make an order against a person who is keeping an animal on a lot or common property in accordance with the by-laws for a strata scheme, if the Tribunal considers that the animal causes a nuisance or hazard to the owner or occupier of another lot or unreasonably interferes with the use or enjoyment of another lot or of the common property.
(2)  The Tribunal may order that the person—
(a)  cause the animal to be removed from the parcel within a specified time, and be kept away from the parcel, or
(b)  within a time specified in the order, take such action as, in the opinion of the Tribunal, will terminate the nuisance or hazard or unreasonable interference.
159   Effect of orders
An order under this Division binds the following persons, despite any by-law of the strata scheme—
(a)  each owner and occupier of a lot in the strata scheme and the owners corporation for the strata scheme,
(b)  each person who is bound by the strata management statement for the building and its site,
(c)  in the case of a leasehold strata scheme, the lessor of the scheme.