Rubbish on Common Property

It’s unsightly, it’s a health hazard, it can be a safety hazard and it smells. Rubbish belongs in a personal rubbish bin or a communal skip. However, rather than using a dedicated rubbish receptacle, it’s unfortunate that, on occasions, offenders dispose of rubbish on common property. For the other strata scheme members this can be a relatively annoying situation.

Dumping of rubbish on common property is prohibited by law. Schedule 2 of the Strata Schemes Management Regulation 2010 has the relevant clause that many schemes have adopted into their by-laws.

Depositing rubbish and other material on common property

An owner or occupier of a lot must not deposit or throw on the common property any rubbish, dirt, dust or other material or discarded item except with the prior written approval of the owners corporation.

According to the legislation, if a strata scheme member has a legitimate reason to leave rubbish on common property then they must receive advance approval from the Owners Corporation. So plan ahead and seek permission as early as possible, to allow time to prepare for alternative options if the Owners Corporation deny your request.

What should you do if rubbish has been left without prior consent?

The sight of rubbish is one thing but it is a health and safety issue – so quick removal from potential harm is essential.

At Netstrata, we suggest that residents alert the building manager to the situation. The manager can then arrange either the local council or a rubbish contractor to collect the material. If the rubbish is light enough, the building manager could place rubbish into a common bin themselves. If your property doesn’t have a building manager, then you could notify your cleaner to take the appropriate steps.

Additionally, it’s also a good idea to alert the Owners Corporation so that they can document the incident. It may be difficult to identify the offender but at least if a similar situation arises in the future, there’ll be a record of the indiscretion. The Owners Corporation or Property Manager can also issue a notice that reminds strata scheme members that placing rubbish on common property is against the by-laws of the scheme.

If you have any further questions regarding illicit rubbish, contact your Strata Manager at Netstrata.