Do you like the idea of having to place your garbage bins in a garage? Well this one is for you. A fairly recent case determined by the Commissioner's Office in Qld on 1 February 2022 confirmed that a lot owner had breached a by law by placing his bins outside on common property. This is because a by law existed for this commuinty titles scheme that mandated that all lot owners keep their bins inside their garage. The lot owner refused to do so as he had concerns the garage had no ventilation and claiming it was a health hazard. One might argue that this sounds perfectly reasonable and that you or I would n ot want to keep a garbage bin inside the garage as opposed to outside somewhere in a backyard or patio. Unfortunately, because the by law stated it was a requirement, the lot owner had to comply. Further, the lot owner did not produce any evidence supporting that it was a health hazard. The lesson here is for buyer sto check the by laws before they purchase a property. Currently, in Qld the seller disclosure requirements do not mandate that by laws are provided with the contract of sale. In the future, Qld seller disclosure regime is changing and we may very well see this requirement placed on sellers. Until then, it is very much a buyer beware situation and if you go under contract, make sure your solicitor obtains a copy of the by laws and provides a copy to you, before you go unconditional.
https://www.youtube.com/watch?v=faubKb1Z5uw
The show was designed to give back to the community which Despina did in droves. Her weekly radio show was broadcast on the Gold Coast each Thursday on 104.1FM Gold Coast/Tweed & 103.5FM Northern Rivers and had a substantial following since 2020. Despina talked about various hot topics at local, state and federal level, and answered the questions that ordinary Australians want to hear. And the best part, it was free.
In 2024, due to programming changes within the radio station itself, Despina then moved her radio show to being solely online on her Youtube channel: Despina Priala
Each week she brings another insightful episode of Talking Law for her loyal listeners and the greater Australian community.
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DISCLAIMER: The information discussed within the Talking Law videos is general in nature only and is not intended to be comprehensive, nor does it constitute legal or other advice in anyway, and should not be relied upon as such. The information is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content herein.
Posted By Despina Priala
Despina Priala has practised in property and commercial law on the Gold Coast for over 25 years and has extensive experience in this area.
Updated : 6th March 2023 | Words : 262 | Views : 257