Peter and JT – After reading various Tribunal decisions on this issue I respectfully disagree with your assessment that the issue is a clear breach.
The garden furniture is probably not causing an obstruction (this will depend upon how large the Common Property is). As I mentioned earlier, an obstruction pertains to designated roads, walk ways and access routes and would be unlikely to apply to a lawn area unless the total lawn area is very small.
The furniture is probably not causing any damage to the lawn, particularly so if it is move able. Damage must be provable.
Using the Common property for move able seating would be acceptable, and is quite different from using (or abusing) the Common property area as a garden bed into which plants are grown.
I don’t know what the planter boxes are made from but if they are move able wicker cane structures then the use of the Common Property ‘as a garden’ does not appear to be relevant as the occupant has not planted any plants in the natural soil, nor have they planted a garden.
The situation would be different if the planter boxes were constructed of sleepers or koppers logs etc. In that case the occupant may be in breach of By-law 4 as the planter boxes would be permanent and are not move able.
All that being said, the occupant could formalise this issue by applying to the Owner’s Corporation for a license or a lease to use the Common Property immediately adjacent to their sliding doors.
A lease and a license are different.
A lease runs with the land (remains with the unit) and can be transferred to a new owner whereas a licence remains with a unit owner. If there is change of ownership of a unit with a licence, a new licence must be issued and approved for the new owner.
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 112
Owners corporation may grant licence to use common property
112 Owners corporation may grant licence to use common property
(1) An owners corporation may grant a licence to an owner or occupier of a lot in the strata scheme or another person to use common property in a particular manner or for particular purposes if the owners corporation has approved the granting of the licence by a special resolution.
(2) A licence may be granted subject to terms and conditions.
Note : Division 3 of Part 7 enables owners corporations to make common property rights by-laws granting exclusive use rights and special privileges (including licences) in relation to common property.