A body corporate has taken action against an owner after numerous complaints about the disposal of used syringes, police raids, a bike ‘chop shop’ in the garage, drug deals and lewd acts in the pool. Picture: NewsWire / Glenn Campbell
A body corporate has taken action against an owner after numerous complaints about the disposal of used syringes, police raids, a bike ‘chop shop’ in the garage, drug deals and lewd acts in the pool.
The body corporate for a complex in Cairns in Far North Queensland brought the action against the man after collating a laundry list of illegal activities, dodgy dealings and unsocial behaviour, including loud music and domestic disputes at all hours, visitors under the influence of alcohol and drugs sleeping in the garage or on the patio, verbal and physical abuse of residents, the dumping of cigarette butts, used syringes and bottles in common areas, over 50 police attendances in two years, a foul stench coming from the unit, and the keeping of an aggressive dog without approval.
Aerial view of Cairns North Queensland. australia
The allegations were submitted to the Queensland Body Corporate and Community Management (BCCM), and were in many cases backed up by resident complaints, photos and CCTV footage, according to the decision published by BCCM adjudicator MA Schmidt.
“Residents have been subject to frequent domestic disturbances, including yelling, screaming, and the throwing of objects within the lot,” the decision says.
“Loud noises occur at all hours of the night, disturbing the sleep and mental health of neighbours, particularly those living directly below.
“On two separate occasions, individuals were found living in the respondent’s garage, contrary to council regulations.
“Police investigations revealed stolen goods stored in the garage.
“A dangerous dog was housed, which required council intervention.
“There has been rubbish thrown on and left on common property (including used syringes), bicycles hung on common property washing lines (which had to be replaced) and dangerous items placed on the balcony, which remains cluttered with rubbish.
“Visitors have entered other residents’ yards, shouted at residents, and damaged gardens by throwing bikes and other items.”
An aggressive dog was also kept at the man’s unit without permission.
The body corporate claimed his actions had “created an environment of fear and anxiety among residents” who felt unsafe using common propery, and the man’s actions had made “life intolerable”.
It says “this is not an isolated complaint, but a desperate plea for intervention”.
The decision noted that the dispute had been ongoing and escalating over the years, with the man “unapproachable, aggressive and at times violent”.
The complex is home to four seperate, two-storey units comprising 18 units.
Queensland Police Service were called over 50 times in two years. Picture: Kevin Farmer
This publication has chosen not to name the man or the complex after the Public Trustee, which has been appointed the man’s financial administrator, told the hearing the man was “under a legal incapacity and is a recognised vulnerable member of the community”.
Regardless, the tribunal “proceeded on the basis that Mr Evans is competent and has capacity to make his own decisions concerning all other matters, including those the subject of this dispute” after making several attempts to contact him.
Submissions made against the man included:
– Excessive noise at all hours of the day and night, seven days a week, including loud music, domestic disputes, yelling, screaming, swearing, furniture being thrown, objects being smashed, items being dropped and dragged, and people banging on doors.
– People living in the garage and running of appliances in the garage using power all owners are charged for.
– People under the influence of alcohol and/or drugs sleeping on the balcony, with stinking bedding hung, hiding them from view; their snoring can be heard from neighbouring lots and common property. The stench prevents some residents from using their outdoor areas.
– Use of the garage to conceal stolen goods (tracked by police).
– Garage being used as a bike ‘chop shop’ (the disassembly and assembly of new and used stolen bike parts).
– Excessive noise (including loud hammering, scraping, and clanging noises from dismantling bicycles and working with metal tools directly on the floor) at all hours of the day and night.
– Verbal and physical abuse of other residents.
– Theft of personal property (including an electric scooter) from other lots and common property.
– Rubbish including cigarette butts, bottles, used syringes on common property and in residents’ yards; bike parts left strewn on common property.
– Increased expenses due to having to install CCTV cameras, issue by-law contravention notices and engage solicitors.
– Detrimental effect of the sale value of units, frequent turn-over of ownership.
– Detrimental effect on the emotional, mental and physical health and wellbeing of residents including fear and anxiety (some residents are on medication for this) and a feeling of being unsafe. Some residents are so sleep deprived, their performance at work is being affected and noticed.
– Relatives who refuse to visit because they feel unsafe.
– Damage to common property.
– Multiple police attendances (around 50 over the last 2 years), some resulting in arrests.
– Overfilling of the scheme’s rubbish bins, including with sheets of broken plaster, bike parts.
– A foul stench emanating from the lot and piles of rubbish and cockroach infestations observable when the door to the lot is left open.
– Keeping of a large aggressive dog without body corporate approval (since removed).
– A constant stream of people coming to and from the lot at all hours of the day and night, captured on CCTV footage.
– Inappropriate behaviour including nudity and sex in the common property pool.
– A lack of maintenance/misuse leading to the below unit being flooded on numerous occasions and causing mould.
MORE NEWS: Couple wins court battle to demolish 162-year-old home
‘Secret’: Australian illegal lawn act to be ripped up
Housing boom could be over, affordability ends 5-yr surge
Used syringes were also discared on common property. Picture: Istock.
The decision also noted that on August 6, 2024, council staff inspected the garage and observed through the open roller door that it contained a bed, refrigerator, microwave connected to a power board, personal clothing and items, and issued a show cause notice.
“Submitters say the people residing in the garage moved out and not long after a ‘bike chop shop moved in’,” the decision says.
“The parts and bikes were new and stolen. The people were wearing masks and just kept on working on bikes and making lots of noise.
“One owner says police have tracked stolen goods to (the) garage.
“Submitters say the garage is an absolute eyesore, with debris and oil scattered everywhere.”
Numerous photos were provided as evidence of this with the submissions.
“I am in no doubt that overall, the respondent’s pattern of behaviour is causing a nuisance and is unreasonably interfering with the use and enjoyment of other lots and common property,” the adjudicator said.
“It is evident that the conduct of the respondent, the state of (the) lot (including its appearance from other lots and common property and the smell emanating from it), and the mess the respondent and his invitees leave on common property, is having a significant and continuing impact on the ability of other occupiers to use and enjoy their lots and the common property.”
The adjudicator upheld the body corporates complaints, ordering the man to “immediately cease” any activity that causes a nuisance or unreasonably interferes with his neighbours, take reasonable steps to ensure visitors do not enter or remain on the premisises during unreasonable hours and that they do not cause a disturbance, and refrain from from any conduct that has previously resulted in police attendance.
“The picture painted by the application and numerous submissions from owners, substantiated by CCTV footage and photographs supplied, is not pretty,” the adjudicator said.
“Conditions at the scheme (resulting in 50 police call outs over a 2-year period) are intolerable and have been for some time.
“Whilst many owners are (or at least were initially) sympathetic to the plight of the respondent and acknowledge his need of help, it has proved to be beyond their capacity to assist or tolerate him.
“This is a very unfortunate and distressing situation for all concerned.
“Despite that, it is unfair, unreasonable, and in my view unsafe, for other residents to be continually exposed to such offensive and anti-social conduct in their own homes.”
But the adjudicator conceded: “Whilst it can be hoped that these orders might encourage the respondent to consider the impact of his conduct on others, and to moderate his behaviour, given the documented history and lack of any response to this application, that seems unlikely”.
If the rman does not comply with the orders, they can be enforced against him in the Magistrates Court ort could result in a $66,760 fine.
English (US) · 