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Topic
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Hello Flat Chatters,
I am seeking advice regarding common property. We do not have by-law regarding use of common walkway.
I hope the layout below of our building makes sense. The building is split into levels. The main door to each unit opens into the common walkway (common property).
Ground level -Carport and Exit to street
Level 1 (Unit 1- Unit 2 – staircase– Unit 3 – Unit 4)
Level 2 (Unit 5- Unit 6 – staircase– Unit 7 – Unit 8)
Level 3 (Unit 9- Unit 10 – staircase– Unit 11 – Unit 12)
The Level 2 common walkway is accessed by my neighbor (tenant at Unit 8) and myself (Unit 7). My neighbor being at far corner of building has to walk past my apartment to access the staircase.
My neighbor has two beautiful pot plants on walkway just outside their apartment door. The plants are well maintained and there is no risk of tripping/falling over someone’s head, water leaking etc. I do not mind them having these plants. Other unit owners/ tenants (on other Levels) also have planters, and big figurines outside their apartment on common walkway.
Recently, upon the cleaner’s request the Strata directed my neighbors (Unit 8) to remove their 2 pots from the common walkway. The Strata has not contacted any other unit owners/ tenants regarding removing their planters/figurines from the common walkway.
The annoying part is that until 2 years ago the previous tenants (Unit 8) had over 20 pots blocking the common walkway. And the same cleaner never complained about that to Strata in past.
My question is can Strata have different rules for different owners/tenant? Can Strata force the resident to remove the pot upon cleaner’s instructions?
Also I do not have a problem with my neighbor having plants on walkway. We are the only people accessing that part of the walkway and no one walk past those pots. As an owner and committee member can I do something about it?
Your advice is greatly appreciated.
Thanks
Rhea
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Replies
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Rhea – A few suggestions that your neighbour could try:
(1) Take photos of all other pot plants and figurines that are located on the common property walkway throughout the whole building.
(2) Write to the strata committee asking them to reconsider the reasonableness of their decision based on the fact that: (a) other residents have similar pot plants (include the photos), and (b) the pot plants have been permitted for a long time.
(3) Suggest that rather than the strata committee prohibiting the pot plants that instead, you are happy to work with the strata committee to arrive at an alternative solution e.g. placing wheels under the plants to allow them to be moved for cleaning etc.
(4) Suggest that if there is to be a ban on pot plants that it should not be discriminatory.
(4) Include a letter from you, as the neighbour, stating that you have no problem with the pot plants.
Does your scheme have a strata committee or is your building run by a strata manager?
If you have a strata committee … Are you sure that the strata committee knows nothing about this? Strata managers usually do not direct owners to do or refrain from doing anything unless they have been directed to do so by the strata committee.
If the strata committee knows nothing about it then I would simply ignore it.
However, if your scheme does not have a strata committee then the directive from the strata manager is valid but … it is probably unreasonable. Having the strata manager visit the site and discuss alternative solutions is a good idea.