Overcrowding can create safety, maintenance and common property concerns for Queensland apartment communities. A body corporate should respond to evidence of specific problems rather than assumptions about who lives in a lot.
This article explains the practical steps committees, owners and property managers can take when they suspect overcrowding.
What can body corporates do about overcrowding in Queensland apartments?
A body corporate does not have a simple headcount test for every apartment. Avoid relying on overseas occupancy standards, adults-per-bedroom limits or assumptions about household composition.
Instead, focus on conduct or conditions that affect the scheme. Examples include:
- blocked access through common property
- unreasonable noise or other nuisance
- damage to common property
- excessive pressure on shared facilities
- unapproved changes affecting the building
- fire safety or maintenance concerns.
Occupiers must not use a lot or common property in a way that causes a nuisance or hazard, or unreasonably interferes with another person’s use and enjoyment of a lot or common property. They must also not allow visitors to do so.
The committee should record the specific concern, check the scheme’s by-laws and consider who is responsible for the affected area. The suspected number of residents does not prove that a breach has occurred.
If the concern relates to conditions inside a lot, do not assume the body corporate can enter and inspect it. Check the applicable requirements and obtain appropriate advice before arranging access. Our guide on when a body corporate can enter a lot provides a useful starting point.
What risks can overcrowding create in an apartment building?
Overcrowding can make fire evacuation more difficult and contribute to blocked access, additional rubbish, accelerated wear and heavier use of shared services. More occupants may also increase the effect of noise, parking or other conduct on neighbours.
There can also be maintenance risks. An occupier who does not want attention drawn to a lot may be reluctant to report leaking taps, blocked drains or electrical concerns. In some cases, temporary walls or partitions may have been added to create another sleeping area.
These possibilities do not prove overcrowding. They are reasons to investigate the condition or conduct itself and arrange qualified assistance where necessary.
Fire safety installations must be capable of operating to the required performance standards. Relevant buildings with prescribed fire safety installations must comply with the applicable maintenance requirements, while body corporates should arrange ongoing periodic maintenance and keep the required records.
Committees should continue scheduled fire safety maintenance regardless of any occupancy concern. Obstructed exits, damaged fire doors or faults with safety installations should be addressed as safety and maintenance issues.
Can body corporate by-laws address overcrowding?
By-laws are a first point of reference, but they should be applied to the conduct they regulate. Under the Body Corporate and Community Management Act 1997, the applicable by-laws are generally those listed in the scheme’s registered community management statement.
By-laws regulate the use of lots and common property and the behaviour of owners and occupiers on body corporate land. Tenants must comply with them and should receive a copy when their lease starts.
Check for relevant rules about noise, parking, rubbish, common property, renovations and hazards. Do not assume a by-law creates a valid maximum occupancy limit or controls who may form part of a household.
If an informal approach does not resolve an identified breach, the body corporate can issue a by-law contravention notice. The committee or the body corporate at a general meeting can make that decision, and the body corporate usually cannot begin formal enforcement until it has issued the notice.
The appropriate notice depends on whether the breach is continuing or is likely to be repeated. Further action may include conciliation or Magistrates Court proceedings if the notice is not followed.
Read more about enforcing by-laws.
What can an owner or property manager do when overcrowding is suspected?
An investor owner should ask their property manager to investigate objective concerns through lawful property management processes. Routine inspections can help identify unusual wear, maintenance problems or unauthorised alterations, but they cannot guarantee that an occupancy issue will be found.
Useful steps include:
- checking the tenancy and property records
- documenting maintenance concerns or visible damage
- asking occupants about necessary repairs
- investigating possible alterations
- reviewing repeated, specific complaints from neighbours
- arranging qualified inspections where appropriate.
High visitor numbers or unusual rubbish volumes may suggest that further enquiries are needed, but they are not proof. A busy household, family gathering or changing work arrangements may explain what others have observed.
Screening applicants, checking references and maintaining regular communication may help owners manage a tenancy. Owners should also understand their maintenance responsibilities and how they may overlap with those of the body corporate. Our overview of minimum housing standards explains some of these responsibilities.
When should you involve the local council or another authority?
The right contact depends on the concern. If it appears to involve building use, unapproved building work or another matter outside the body corporate’s role, ask the local council whether it can assist. The committee should not promise that the council will inspect or take enforcement action.
Concerns about prescribed fire safety installations should be dealt with through the building’s fire safety maintenance arrangements. Queensland Fire Department officers can audit compliance with the maintenance code and issue fines to occupiers who do not comply.
For an immediate threat to people or property, contact the appropriate emergency service rather than waiting for the ordinary body corporate process.
Urgent by-law dispute applications may proceed without the usual notice steps in special circumstances, including where the alleged breach risks health or safety, is likely to cause injury or serious property damage, or creates a serious nuisance.
How should concerns be raised fairly and safely?
Raise concerns using specific observations, not assumptions about race, nationality, family structure or the number and type of visitors. Avoid photographing or monitoring residents simply to count people entering a lot.
Record dates, locations and the conduct or condition causing concern. Where possible, communicate calmly and in writing so the resident has a fair opportunity to respond.
A person raising a nuisance or hazard dispute must first try to resolve it directly, preferably in writing, before taking further dispute resolution steps. Records can help show whether the conduct is repeated and ongoing.
Overcrowding concerns are best managed by focusing on evidence, safety and the body corporate’s lawful responsibilities.
If your committee needs help reviewing the issue or following the correct process, contact StrataCare.
