Renting in Strata and Community Title Properties: Understanding the Rights and Responsibilities of Tenants in Shared Living Spaces
Renting within a strata or community title property offers a unique living experience, especially in urban areas like Sydney. These properties, such as apartments, townhouses, and villas, involve shared ownership of common areas and are governed by specific laws and regulations. Understanding your rights and responsibilities as a tenant in these settings is crucial for harmonious living.
What is Strata and Community Title?
Strata and community title systems divide a property into individual lots (e.g., apartments) and shared common areas (e.g., hallways, gardens). Each lot owner holds a title to their individual unit and shares ownership of the common property with other owners. In each state the applicable law for strata and community title management applies alongside the residential tenancy laws. Tenants in such properties must adhere to both their tenancy agreements and the by-laws set by the strata/community scheme.
Rights of Tenants in Strata Properties
As a tenant in a strata or community title property, you have several rights:
Right to Habitable Living Conditions: You are entitled to live in a property that is safe and well-maintained.
Access to Common Areas: You have the right to use common areas, provided you comply with the by-laws.
Participation in Meetings: If 50% or more of the lots are tenanted, in some states you can elect a tenant representative to attend strata committee meetings. While tenant representatives cannot vote, they can speak on behalf of tenants.
Dispute Resolution: You can seek assistance from the Tribunal or mediation service to resolve disputes with the landlord or the strata community scheme.
Responsibilities of Tenants in Strata Properties
Tenants also have specific responsibilities:
Compliance with By-Laws: You must adhere to the by-laws established by the owners corporation. These may cover noise levels, pet ownership, and the use of common areas.
Maintenance of the Premises: You are responsible for keeping your individual lot clean and in good condition.
Reporting Issues: If you notice maintenance issues in common areas, report them to your landlord or property manager promptly.
Respecting Neighbours: Maintain a respectful relationship with neighbours to foster a peaceful living environment.
Tips for Tenants in Strata and Community Title Properties
To ensure a positive renting experience in a shared living space:
Obtain a Copy of the By-Laws: Before moving in, request a copy of the by-laws from your landlord or property manager. Familiarize yourself with the rules to avoid inadvertent breaches.
Communicate Effectively: Maintain open lines of communication with your landlord, property manager, and neighbours. Address issues promptly to prevent escalation.
Document Correspondence: Keep records of all communications related to your tenancy, including maintenance requests and responses. Sometimes the maintenance can fall either the scheme or the landlord depending on where the repair is needed,
Participate in Meetings: If eligible, attend strata meetings to stay informed about decisions affecting your living environment.
Seek Assistance When Needed: If disputes arise, seek advice from tenant advocacy services or legal professionals to understand your rights and options.
By understanding and respecting the shared nature of strata and community title living, tenants can contribute to a harmonious and well-managed community.
Disclaimer:
This article is intended for general educational purposes only and does not constitute legal or financial advice. Readers should seek independent legal and professional guidance relevant to their specific circumstances and jurisdiction
