sbadert – Peter is right, and the same basic premise applies in NSW to the extent that Real Estate Agents and others can’t alter, attach or place anything on the Common Property without the written consent of the Owners Corporation (O/C).
Our Plan had precisely the same problem, with For Sale and For Lease signs being placed and left post settlement / leasing (for free advertising) both on the grass and puncturing irrigation lines, in the landscaping, and on balcony railings; all are Common Property.
In an effort to balance the legitimate needs of our Proprietors to sell / lease their properties, the desire of the O/C to maintain the appearance of its Common Property, and to avoid Real Estate Agents seeking its consent for each and every sign, our Executive Committee devised a Signage Policy and put it before the AGM back in 2009.
That Policy incorporated designated positions where signage could be placed, imposed size limits on those, required signage to be removed withing 7 days of settlement and/or leasing, advised that those owning the signs would be held responsible for any damage their placement caused (like puncturing sub-surface irrigation lines), and as the signage is owned by persons other than the O/C, where non-compliant signage would be stored for collection and for how long.
That Signage Policy was distributed to all local Real Estate Agencies and was (and still is) among the downloads available to “Proprietors and their Agents” on our Plan’s website.
This may sound like a lot of effort, but it really wasn’t and it’s the correct approach from a legal perspective, balances all interests, and apart from a few teething problems particularly with contracted sign “putterer-upperers”, who like junk mail distributors seem to have problems with literacy and with breaking repetitive behaviours, it’s worked a treat!
PS – I just saw Roo’s contribution (below), and should observe that I don’t agree that a fee could be legally imposed or even that it’s necessary, and further that a Special By-Law would not only be unnecessary (in our Plan’s experience) but also unenforceable against RE Agents if they’re the intended target.