Neighbour Using Lift Landing Area as a Waiting Room for His Practice

I moved in to a new apartment after taking over the lease and it turns out my next door neighbour is using his apartment as a psychology office.

They have set up chairs in the landing area in front of the lift using the space as a waiting room for his patients. It's only our two apartments on this level and it's a small building with very few apartments.

What is the best way to approach this?

Comments

  • +119

    Have you tried…elevating…your concerns to management?

    • +37

      'Raising" the issue with the neighbour?

      • +41

        Or be a patent and address your concerns ?

        • +147

          To me this would be the funniest most passive aggressive approach. Make an appointment complaining about the anxiety the current situation is causing me.

          • +17

            @persei7: Make sure you do the appointment in pseudo Marilyn Manson makeup , and without a shower for 2 days prior. Shirt inside out.2 different shoes. Sprinkle red food dye on your hands. Don't make eye contact. Look around like your casing the doors and windows and layout inside.Do some excessive blinking and head flicking too.

            You're welcome.

          • @persei7: This is what I came here to suggest. haha

        • +18

          so you might become a patent pending

          • +2

            @NotJustChickenDinner: or an expired patent

            • +2

              @resubaehtgnolhcs: Patently obvious what to do, tell him if he pays you 150 a week you won't rat on him, like any good ozbargainer would. Think of all the eneloops and quilton rolls that will buy!

        • Or post them on ozbargain?

    • +4

      you know what they say: ozbargainers are from omicron persei7

    • +3

      Yes
      But realistically, the complaint is unauthorised use of "Common area"

    • your comment is on a whole new level, its a step above the rest

      • Thanks, hope it lifted some spirits

  • +33

    Ask if he has liability insurance on the area he is using, and is it approved in writing?

  • +4

    talk to the your neighbour???

    • +5

      Ok. He says pretty please can I continue using the space. What do I say next? I have no official power to say no. Don't want to have sour neighbours day one.

      • +14

        When he sayss pretty please, what was your reply ? Let me get back to you after consulting with my ozb legal team or Okie? This is where you need the help from the bodycorp

      • +17

        Don't want to have sour neighbours day one.

        that's why you communicate to him your concern, if it indeed impacts you and affects your quality of life,

        if he says he doesn't care how you feel, and doesn't offer any type of compromise that you might be happy with,

        then you escalate to the next stage by putting a bloody pigs head on his door step

        • -1

          then you escalate to the next stage by putting a bloody pigs head on his door step

          Better still, a gearbox on his doorstep

      • +5

        Then negotiate … how much is it worth to him for you to keep your trap shut?

        • +6

          Two free consultation sessions per week?

      • +1

        Ask money

      • You could ask for some free sessions to put up with it.

      • +8

        If it's a purely residential apartment with no commercial zoning, and they are leasing it - then the landlord needs to know it's being used as a commercial property. It affects their landlord insurance if anything goes wrong. Inform both strata and the leasing agent.

        • +2

          May not be kosher with the local council as well - often councils have regulations on whether a home business is allowed, and requirements it must be registered with them. If a person is cutting corners to the extent they are having people wait in a common area my guess would be they have probably cut corners all over the place. The business may not be legitimate or allowed to be where it is at all. Worth a call to the local council.

          A further item - the professional body of physiologists (whatever it is) might also be interested. The guy can be got 6 ways from sideways for running his business in this unprofessional manner.

    • +5

      Start with how this makes you feel

      • +2

        This comment might be said in jest but it is actually the best way of going about the conversation

        Throw in some of Chris Voss' accusation audits and Simon Sinek's FBI for effective confrontations you've got yourself a solid opening

        "I'm gonna seem like a nosey neighbour who needs to mind his own business, I'm worried that you have chairs in the lobby area for your clients, as <pick your largest impact : privacy? Security? Feeling of comfort in going home? Safety hazard? > "

        Good luck op!

  • +18

    Assuming you don't have a strata, you can speak to the council to find out if it's legal for them to operate a business at the residence in the first place. They can issue a stop work order if it's not permitted.

    • +8

      I haven't taken it this far but I'd assume the business itself is legal. As far as my research goes there is nothing illegal about using his apartment as an office. My issue is with the use of the common areas as part of his practice.

        • +43

          Common means partially my area. The roads and parks are common areas but I can't set up office chairs there without approval either.

            • +33

              @EightImmortals: I answered bellow. Copy paste:

              It is obviously somewhat disconcerting to open your door and be faced with some confused clients waiting to be seen at all times of the day. It is not the end of the world but obviously detracts from my free enjoyment of my place. Specially for my guests who have no idea what is going on.

                • +29

                  @EightImmortals: Thanks for the advice. I will ask my neighbour if he wants a pro bono secretary. I will do that instead of volunteering at a soup kitchen. He certainly deserves it more.

                • +9

                  @EightImmortals: Hey I have a better idea. Why dont you fix it for both and offer to set up a van in the parking lot, so the patients can wait there. You can install a Coffee machine as well and give free coffee to those waiting .

                  Win Win and you will make their world a "better place".

                • +8

                  @EightImmortals: I think I have found one of your neighbours patients…

                • @EightImmortals: Ah you must be the noble prize winner for peace..

              • @persei7: Your free enjoyment doesn't mean what you think it does.

                Offer patients in waiting room coffee and scones for $10 whilst they're waiting.

                Erect sign: seating zone, fees apply:5 minute: $10 etc

            • +8

              @EightImmortals: affecting**

            • +16

              @EightImmortals:

              You didn't answer my question. How is it effecting you?

              I don’t think this was the most effective question to ask.
              That may affect the response.

          • +1

            @persei7: Do you have any use for some chairs left lying around in the common area? Otherwise take them down to the dumpster??

            A new local cafe has setup tables, chairs and signs blocking public spaces. I'm not sure how I'm going to respond yet but think I might pick up some tips here.

      • +22

        It's illegal to run a business if the apartment is not zoned for it, which it won't be. Council. There are residential and commercial permits for a reason.

        If it was a music tutor ok, but not a health practitioners office.

        It's illegal to store anything in common areas/put chairs. Owners Corp Act

        Not too sure about psychologists but I would imagine the governing board would have min office requirements.

        • +2

          illegal to run a business if the apartment is not zoned for it, which it won't be.
          illegal to store anything in common areas/put chairs. Owners Corp Act

          The building might be company title and therefore not regulated by the Owners Corporation Act.

          I lived in an older company title building with a solicitor's office next door, plus another solicitor, an accountant, and a Chinese herbalist in the building. Everyone got on well, and for helping by witnessing signatures I got great legal help when required.

      • +2

        I haven't taken it this far but I'd assume the business itself is legal. As far as my research goes there is nothing illegal about using his apartment as an office.

        that's a lot of assumptions, what did your research actually involve? you need to check whether council zoning allows health care services to be delivered from home, there are traffic and parking requirements - and then there are bylaws in a strata plan that might apply to same

      • +3

        I wouldn't assume that, you need a permit for home based business in many areas. There are usually conditions to this. If you have already filed a complaint before he applies for one, they'd take that into consideration and put conditions such as, you can't use the common area as a waiting room.
        Its a residential apartment, not a medical practice. The DA approvals and building code differ for this.
        Home based business, using it as an office for office work, doesn't require heaps of people coming - the traffic and disturbance of you is proof it shouldn't be allowed and most Council codes and Body Corp rules would have provisions to protect you.

      • +2

        Just take the chairs and hide them in your apartment. Additionally place inappropriate reading material on the coffee table out front!

      • +2

        No reason to assume the business is legally entitled to be where it is, or that is has the necessary authorisations to do so. Plenty of people operate from residences when they are not entitled to, or have not completed the steps to gain the appropriate permissions to do so.

        • +1

          Exactly, and even if OP makes the enquiries with the Body Corp Manager and Council, if the answer is yes they sought the approvals, I would then be asking how dare they issue them to allow a waiting room in your common area!

  • +21

    Body corporate meeting.

    • +4

      OP is a tenant. I think they need to complain through agent and have landlord take it up with body corp.

    • the joys of living in a strata

  • +7

    What is the best way to approach this?

    Decide if it impacts you enough to report it to council.

    It's unacceptable that they're using the landing area, so you can talk to him.

    Regardless of it being legal or not, he isn't permitted to use common property for people waiting.

    • I've thought about asking for money but I'd imagine he could just go above me and pay the building directly and bypass me and get proper approval if I did that. He might not get the approval, but either way I'd imagine he'd rather do that than pay me. Not sure how it would shake out.

      I believe he lives there.

      • -5

        well, if you are willing to accept money for him using that space, then he really isn't impacting you or your quality of life,

        this isn't really an issue of inconvenience, safety or access, you just want to complain for the sake of complaining just because you can

        • +15

          I will tell my landlord that next time he asks for rent.

      • +1

        He's using a common area for private use, it's not allowed
        If I wasn't too impacted, I'd ask him to give you $100 a month for the inconvenience

        If I was impacted, and he doesn't stop, report it to strata

    • +2

      What does OP do if they're female?

      What about if they're non-binary?

      You left a lot of choices unclear!

      • +2

        Whinge on online forums

    • OP: Give me rent!!!
      Psychologist: I missed the part where that's my problem.

      • uncle ben noooooooooooooooooooo

  • +26

    Open you door, turn the JBL Partybox volume to the loudest and play "What's in your head, zombbbiee, zommbbiiee"

    • +17

      Followed by some Radiohead "I'm a creeeep, I'm a weirdooooo, what the hell am I doing here, I don't belong here"

    • +5

      Give Jump by Van Halen a play as well.

    • +7

      Talking Heads' Psycho Killer!

      • +3

        You son of a bitch lol I scanned your profile pic. Well played my friend well played

    • +2
      • +1

        If they were at my door, I would just put the speaker on full, play a bit of this on loop, close the door and go to work for the day…

        • Jesus, you cruel sick heartless bastard. That's community waterboarding material.

          And to think I held back from suggesting The Voices in My Head, by Dr Dennis Leary ESQ

        • I think that would constitute cruel and unusual treatment.

    • +1

      I'd play Basket Case

      • I expected better, but a great song.

    • Sweet but a psycho

    • +1

      You're all missing the best option - "They're Coming To Take Me Away"

    • I find a bit of black metal gives the best results, doesn't need to be too loud either, as OP shouldn't bother the neighbours on other floors.

  • +6

    What is the best way to approach this?

    What have you done so far?

    You could talk to them about not using the common area as their own.

    You could talk to BC about them using the common area as their own.

    You could post to random people on the internet who won't be able to help you.

    You could sit out in the common area as well and make small talk with these people.

    • +6

      What have you done so far?

      Create a Ozb post?

      • +13

        People acting like asking for advice before acting is not a thing.

        • +10

          I would 100% hate to be in your situation. I enjoy my privacy and like to avoid human contact wherever possible.

    • +5

      I asked for the best approach not the set of all possible approaches.

      • -4

        and I asked what you have done so far……

        • +9

          All the information is on the task.

    • -1

      What have you done so far?

      https://www.youtube.com/watch?v=lOTyUfOHgas

      • +9

        Again you are misconstruing asking for advice as lack of ideas or passivity. I will make sure to pick up a book on this issue next time I go to the library. Is it next to the parenting books?

      • +1

        Knew exactly what this YT vid would be lol.

    • +8

      How did you know I'm just two tents in a trench coat?

      • +2

        I could see one of the poles sticking out.

        • The tents are in Poland?

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