October 22 | How a doormat debacle in Queensland caused resident uproar in a common property area.
We want our doormats, but these Queenslander’s won’t be treated like one
In 2021, tenants of an apartment building in the Sunshine Coast decided to pop down some doormats in the hallway of their building in a ‘common property’ area. To their dismay, the body corporate soon after introduced a ban on doormats and various other items being placed in these common areas. The reasons behind the dispute in the first place? The doormats were considered ‘unsightly.’
Whilst there are many things we Aussies can get riled up by (i.e when the Maccas ice cream machine breaks down when you’re craving a thick shake), a heated debate about doormats takes the cake!
Did the body corporate of this Sunshine Coast apartment block have the permission to introduce this ban, and what rights did the tenants have to oppose the ban?
Why renters are having a tough time at the moment
Although an argument about doormats may seem trivial, renters and prospective renters are in for one heck of a housing hunt in the current market.
If you are currently a player in the game of Australian rent-opoly, you may or may not be surprised to learn that, a lot like Old Kent Road, it is proving quite the task to get a piece of! The shortage of vacant rental properties in the country means that current renters have either received a notice of increasing payments or are preparing themselves for the email to arrive any day now. For those searching for a property, days off from work are often spent in long queues to view said properties.
In an effort to stand out against the high influx of rental applicants and improve chances of securing a property, prospective tenants are offering a range of payment guarantees on properties. Although this is not advised by Real Estate Agents and Property Managers, this emphasises the rental crisis in both Australian capital and regional cities.
Due to the shortages of rental properties, tenants may feel that they cannot raise issues with their properties due to concerns about losing their home. In fact, a report by Choice found that 11% of renters faced a rent hike after requesting a repair to their rental, and in a separate survey found that 77% if respondents had put up with property issues out of fear their tenancy would be affected if they requested a repair. Recent examples of this include a family questioning a higher amount on their utility bill when an Airbnb flat rented out by the landlord was in use, and another family who raised concerns about mould issues.
What is Common Property and were the Body Corporate justified in their decision?
Common property makes up all the areas of a strata building or complex that isn’t included in an owner’s (or tenants as the renter) lot. These areas are jointly owned by all property owners in the strata complex and the body corporate is responsible for the upkeep and maintenance of these. Some examples of common property include foyers, hallways, windows, gardens, roofs and swimming pools. So technically yes, the body corporate representatives in the doormat debacle have a responsibility to maintain the hallways, but it doesn’t mean that they can dictate every single thing that occurred in this common property area. In fact, the residents of this block of units referred to the lot’s bylaws wherein there was no mention of a ban on doormats.
As a renter it’s important to be aware of what your rights are when it comes to common property rules, and knowing that it isn’t your duty to fix these issues or pay for repairs (on the provision that you didn’t cause the damage). As an example, in early 2022 a tenant of a building in Canberra was awarded $10,000 over unresolved issues with common property. The damages in question, a faulty intercom system and a defective window allowing water to enter the premises of the property when it would rain (imagine someone swiping your Uber Eats before you can bolt down the stairs…nightmare).
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For tenants, although the rental situation in the country is desperate – it is not up to you as a renter to fix or ignore property issues that affect your current living situation that weren’t caused by you. For prospective tenants, although it may seem daunting to raise property issues when you’re about to sign a lease or have been successful in acquiring a property, property owners and strata organisations have a duty to ensure the lot and common property areas are maintained. Check out our tips below for resources to better understand you renter rights:
1. Check your lease agreement for a copy of the strata bylaws, or contact your leasing agent for a copy
2. Contact your state’s tenancy support agency for more information about your rights
3. Obtain a copy of your Strata Plan and Common Property Title Report with InfoTrackGO
What’s a story without a happy ending?
Now we wouldn’t have taken you through that rollercoaster journey if we weren’t going to deliver a happy ending! In the case of our Sunshine Coast friends, they were successful in challenging their body corporate organisation for their right to doormats. Through challenging their common property rights and the strata bylaws, the owners and tenants in the complex reserved their right to dust off their shoes.
The moral of the story is for renters, it isn’t in your landlord’s or body corporate’s best interest to disregard your property questions and maintenance requests; just ask the tenants in the Canberra case. Make sure to do your due diligence, know your rights, where to search and how to raise your property issues in an official format. Otherwise, get your hands on some ‘unsightly’ doormats and let the games begin!
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