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
Despina firmly believes that being in the privileged position of a solicitor that she gives back to the community when she can. This has been transcended into her weekly radio show 'Talking Law' that is broadcast on the Gold Coast each Thursday on 104.1FM Gold Coast/Tweed & 103.5FM Northern Rivers and has been going strong now since 2020. Despina talks about various hot topics at local, state and federal level, and answers the questions that ordinary Australians want to hear. And the best part, it is free. Despina is not paid for her time on air and she enjoys the fact she can give back to the community in this manner. Knowledge is power and her radio show is very much about empowering the ordinary Australian with information that they should be aware of to help them in every day life. Despina has a very big following on air and online with a facebook community page for the radio station and is always happy to talk with listeners off air.
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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 : 118
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