This document provides tips and guidance for owners corporations on managing contentious issues related to people, parking, and pets in apartment living. It discusses how by-laws imposed by developers are often unreasonable and overly restrictive. Reasonable by-laws can help make residents more considerate regarding issues like smoking but should not interfere excessively with personal liberties or try to compensate for a lack of common sense. Parking and pets are also addressed, recommending sensible rules rather than outright bans. Overall, the document advocates for owners corporations and their by-laws to be reasonable and focus on addressing specific problems rather than imposing broad restrictions.

1.
The
Commi=ee’s
Guide
to
Managing
People,
Parking
&
Pets
Tips and Traps for Managing Contentious Issues in Apartment Living
©
Copyright
2012
TEYS
Lawyers
www.teyslawyers.com.au

2. The
Owners
CorporaHon
Is
the
New
Fourth
Level
of
Government
©
Copyright
2012
TEYS
Lawyers
www.teyslawyers.com.au

3. 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
©
Copyright
2012
TEYS
Lawyers
www.teyslawyers.com.au

4. 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
©
Copyright
2012
TEYS
Lawyers
www.teyslawyers.com.au

5. 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
©
Copyright
2012
TEYS
Lawyers
www.teyslawyers.com.au

6. 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
©
Copyright
2012
TEYS
Lawyers
www.teyslawyers.com.au

7. 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
©
Copyright
2012
TEYS
Lawyers
www.teyslawyers.com.au

8. 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’
©
Copyright
2012
TEYS
Lawyers
www.teyslawyers.com.au

9. 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.
©
Copyright
2012
TEYS
Lawyers
www.teyslawyers.com.au