Suspected illegal drug activity in a complex can raise serious safety and community concerns. Handle it cautiously, without treating unusual behaviour or an allegation as proof of criminal activity.
This article explains when to contact police, how the body corporate can respond to impacts on the scheme, and what owners, occupiers and committees should document.
What should you do if you suspect illegal drug activity in a strata complex?
Do not confront an occupant, enter their lot, investigate suspected drug production or collect discarded items. Your personal safety should come first as a resident or committee member.
Record what you have directly observed, rather than assumptions about what may be happening. Useful details could include dates, times, locations and any effect on common property or residents. Avoid photographing inside a private lot, publishing allegations or discussing an identifiable person in community social media groups.
Report suspected criminal activity to police. The body corporate has a separate role when the conduct affects common property, creates a nuisance or hazard, or may breach the scheme’s by-laws.
Apply the same caution to any suspected illegal drug activity. Focus on safety and observable conduct instead of trying to identify a substance or prove what an occupant is doing.
When should you call police or emergency services?
Contact emergency services if you believe there is an immediate risk to a person or property. This may include violence, threats, fire, dangerous behaviour or another situation requiring an urgent response.
For concerns that are not urgent, contact police through an appropriate non-emergency reporting channel. Provide clear factual information and explain whether the activity is ongoing.
Report urgent matters straight away rather than waiting for a committee meeting or body corporate response. Notifying the body corporate does not replace contacting police about suspected criminal conduct.
After making a report, keep any reference details provided by police. This can help the committee maintain an accurate record if the reported activity is also affecting the scheme.
What should a body corporate do about activity affecting common property?
The committee should consider how the activity affects the body corporate. It should not try to determine whether a crime has occurred.
Relevant scheme impacts may include:
- damage to common property
- obstruction of entrances, corridors or other shared areas
- unreasonable noise or odours
- unsafe behaviour on common property
- interference with another person’s use or enjoyment of a lot or common property
- a possible breach of a registered by-law.
The Body Corporate and Community Management Act 1997 provides that occupiers must not use, or allow someone else to use, a lot or common property in a way that causes a nuisance or hazard or unreasonably interferes with another lot or common property.
The committee can inspect common property, arrange necessary maintenance and consider by-law enforcement where appropriate. It should not enter a private lot or investigate alleged criminal activity.
If a committee decision is required, put forward a clear motion and record the outcome. Where the response involves formal agreements or authorities, our guide to the execution of body corporate documents may also assist.
Can body corporate by-laws address drug-related nuisance or hazards?
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 begins.
A by-law may be relevant where observable conduct involves noise, smoke, odours, obstruction, damage or unreasonable use of common property. The body corporate should identify the particular conduct and applicable by-law. An allegation of drug activity alone is not enough.
If a person does not comply with a by-law, the body corporate can take enforcement action. An owner or occupier can also ask the body corporate to enforce a by-law against another resident.
Body corporate disputes generally require reasonable attempts at self resolution before a formal application is made. These steps may include written communication or presenting a motion to the committee or a general meeting.
Self resolution does not require personal confrontation when you feel unsafe. Communication can be managed in writing and through the committee or body corporate manager. Read more about the proper process in our guide to enforcing by-laws.
What should owners and committees document and communicate?
Keep records factual, limited and secure. Note what was seen, heard or reported, when it occurred, where it occurred and how it affected the scheme.
Committees may also retain:
- written complaints from residents
- photographs of damage to common property
- relevant correspondence
- police report reference details
- contractor reports or repair records
- committee motions, decisions and minutes
- copies of any by-law notices.
Do not describe suspicion as an established fact. Avoid naming a resident more widely than necessary, and do not circulate allegations through newsletters, noticeboards or informal online groups.
If the issue may become a body corporate dispute, written communication can provide evidence of attempts to resolve it. Queensland Government guidance recommends describing the behaviour and documenting whether it is repeated or ongoing.
Clear communication also separates the issues. Police can address suspected criminal conduct, while the committee considers common property, maintenance, nuisance, hazards and by-laws.
What should you know before installing CCTV?
Installing CCTV requires careful planning. A body corporate installing CCTV on common property must act reasonably and comply with relevant legislative requirements.
The committee should consider:
- the legitimate purpose of the cameras
- the areas being recorded
- privacy and nuisance concerns
- whether audio recording will be disabled
- who can access footage
- how footage will be stored and managed
- whether approvals are needed for equipment on common property.
A person cannot record a private conversation they are not involved in. If CCTV may capture private conversations, the audio should be disabled and the equipment positioned to avoid conversations being lip-readable.
Cameras should serve a legitimate and reasonable security purpose. They should not maximise opportunities to monitor residents or their guests. Placement should reflect the purpose of the surveillance.
Before proceeding, read our practical guide to installing CCTV in a strata property.
How should landlords and tenants handle suspected illegal activity?
Landlords and tenants should follow the same safety principle: do not confront someone or investigate suspected criminal conduct yourself. Contact police about suspected crime and notify the body corporate when conduct affects common property, residents or by-laws.
Tenants can contact the body corporate directly through the body corporate manager, onsite manager or a committee member.
Landlords should keep their tenancy and body corporate records current. In community titles schemes and most other bodies corporate, a lot owner with a lease or sublease of 6 months or longer must provide the tenant’s name, address for service and lease term to the body corporate, and advise it of a transfer or termination. Written notice is usually required within 1 month of the relevant event.
A body corporate cannot evict a tenant. Any tenancy action is separate from body corporate by-law enforcement and must follow the applicable residential tenancy process.
If your committee needs help working through the body corporate steps, contact StrataCare at reception@stratacare.com.au.
