We have a bird case going back to 2007, with an owner who has been feeding lorrikeets, kookaburras, magpies etc etc for years, with the resultant excreta coating the outside if the concrete balcony, and making the balcony below unusable by that owner. The previous owner of the lower unit left because their toddler couldn’t use the balcony, but the unfortunate buyer wasn’t aware of this problem. Clearly the conveyancing agent didn’t read the correspondence.
We went to Mediation, with the 40+ pages of history plus photos, but no resolution. Then to the Tribunal, at which the Member asked the suffering owner and the OC rep ” You don’t want to fine him, do you, you just want him to stop feeding the birds?” “Yes.”
The Member then directly asked the bird-feeding owner ” Will you give me an assurance that you will stop feeding the birds?” “Yes.” The hearing was then adjourned to a date 3 months away.
You can guess the rest. Reduced bird-feeding, withdrawal of application, resumed bird-feeding.
Now we’ve had the building painted. Too depressing. He’ll die sometime.