By-law barrier to renting reforms

PLANS by the Queensland Government to reform residential tenancy laws seem well-meaning but could be futile because most rental properties are in community title schemes governed by bodies corporate, says Archers the Strata Professionals.

The Palaszczuk Government is undertaking state-wide consultation with landlords and the rental property industry to examine the residential tenancy laws with the process running until the end of November.

The Minister for Housing and Public Works, Mick de Brenni, said the consultation would look at issues such as pet ownership and how it could be made easier for landlords and tenants to agree on households keeping pets.

But Archers the Strata Professional Partner, Grant Mifsud, said issues such as keeping pets or allowing property occupants to change window coverings are often determined by a body corporate committee and their strata scheme’s by-laws.

"Bodies corporates are like a fourth layer of government except it’s the unit owners and not public servants who make up the committee and make the majority of decisions," Mr Mifsud said.

"These decisions deal with situations that affect people’s living arrangements. As a tenant or owner within a strata property, it’s important to be aware of the things you can and can’t do in your strata scheme."

Mr Mifsud said some bodies corporate have by-laws called prohibitive by-laws which can prevent tenants and owners keeping animals without exception or prohibit all animals of a particular type, such as cats, dogs, or dogs over 10kg.

"The committee cannot approve an animal that the by-laws prohibit," he said.

"Tenants may need to ask the body corporate’s permission to keep an animal on their lot, as long as the by-laws and their tenancy agreement allow it. If your application for an animal is not successful, you may consider disputing the decision and should seek advice on the dispute process through an independent organisation that understands body corporate regulations such as Archers if you believe the decision is unreasonable."

Mr Mifsud said as an owner or tenant in a strata property it was essential to be familiar with the scheme’s by-laws.

"But, unfortunately, there are many instances of residents breaching by-laws that do not apply to stand-alone houses," he said.

Mr Mifsud said common sources of strata-scheme issues usually involve pets, parking, parties, passive smoking, hanging unsightly laundry from the balcony as well as the behaviour of visitors.

"It’s always best to familiarise yourself with your strata scheme by-laws and play within the rules to help maintain harmony," Mr Mifsud said.