Current Page

[bpositive]

The issue is, where are the hedges? 

The lot owner is not entitled to plant hedges on common property unless written approval of the owners corporation is first obtained. This is because planting hedges could be regarded as carrying out works involving common property.

There is also the possibility that the owner has committed the tort of nuisance, although further details would be required before further advice on this can be provided,

The hedges are on common property creating a “private enclosure”. The complication is that the owner also does the maintenance of the strata block including gardens – so he can do what he likes..  

Quote