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Q&A
Working from home & businesses-in-strata arrangements By Mandy Clake, Editor
We all know that ‘working from home’ is increasingly the norm for many of us, but what are some of the implications of working from home, and running businesses more generally, in strata? We asked Chris Irons, Director of Strata Solve, to help us out with some of the more common queries on these topics. Many of you may know Chris from his time as Commissioner for Body Corporate and Community Management. Now working in private practice, Chris delivers, through Strata Solve, solutions to clients that are focused on dispute prevention, dispute resolution and strategic advice to help resolve strata problems. He told Resort News: “Whatever things happen in society generally, they often become more pronounced and a bit trickier to deal with in strata. This is also true of working from home and businessesin-strata arrangements.” Disclaimer the following is general information only and not legal advice.
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More people than ever are working from home, but in multiple dwellings what problems have you come across? In my anecdotal experience yes this is an issue. Working from home gives people more time and space to notice things with their lot and with the scheme, which in turn may compel them to follow-up (complain) where they might not have before.
Do you foresee any further issues cropping up in the future? More people working from home creates unexpected issues. For example, noise concerns might become more of an issue during the day, whereas historically, nuisance and noise has been more of an issue during the evening.
If someone wishes to work from home from their apartment or townhouse in a multiple dwelling, what is the law? It is probably more of an issue for the local council and its relevant zoning in the first instance. People working from home, especially
those having clients come to their home office, would want to check on that. Some schemes might have (or might prefer) a by-law regulating or prohibiting running a business from the strata scheme. Such by-laws may end up being invalid, depending on circumstances. So, it is difficult to give a conclusive answer.
The line can be blurred from those who do simple home admin work to those operating for instance, a nail or hair salon from their apartment. How can bodies corporate draw a line?
How does this impact bylaws?
See above. If a lot or common property is being used in a way that causes a nuisance or hazard, or the business is in breach of registered by-laws, the body corporate via its committee would be compelled to take action accordingly. It would need to have satisfactory evidence to support taking that action of course. Examples might include a log of incidents.
Following on from the above, section 180 of the Body Corporate and Community Management Act 1997 (BCCM Act) provides for what might make a by-law invalid. It is important to remember that a by-law has no effect unless it has been registered with the Titles Office. Generally speaking, a bylaw that outright prohibits a lawful activity would likely be invalid.
What sort of home businesses would require a homeowner/ renter to seek permission from the body corporate?
If a small home business (for instance retail) is set up and requires customers to come and go to the building what are the implications for bodies corporate and onsite managers?
See above. From the body corporate perspective, there might be a need to consider if the type of business impacts in a way which causes a nuisance or hazard (BCCM Act, section 167).
There are a few practicalities to consider, in addition to the issues noted above. For example, if the scheme has a secured entry, will business visitors be given access codes and how will
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ResortNews | June 2022
