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Having real dramas now.
Neighbour is claiming two different rules have been broken according to the model body corp act.
The first one is in reference to the back fence which was erected earlier this year.
1.1 Health, safety and security of lot owners, occupiers of lots and others A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier, or user of another lot.
She is claiming that the gate I installed needs to be unlocked. We have a dog and so does she. We also have a baby. We had major issues with her walking out the back of our place before the fence was erected. The problem is that her property has no access no side access so I’m not sure if we can really argue this one? My only thought was that the neighbour to the other side of her could position a gate for her, thus giving her emergency exit. I suggested this to the other neighbour and he said he’d think it over.
The second is in reference to the garden bed where I have placed plants and taken away her bins.
(2) An owner or occupier of a lot must not, without the written approval of the owners corporation, use for the owner or occupier’s own purposes as a garden any portion of the common property.
In regards to the garden, I’m more then happy to remove the plants and pot them for the time being, that doesn’t really bother me. Would this just require me to get approval form the body corp and then she wouldn’t have a leg to stand on?
This whole situation has absolutely devastated us. We are seriously contemplating moving due to these issues as there’s no way we’ll sleep at night knowing that the owner, her daughter or the aggressive BF could walk through our back yard at any time.
