@Homestation99 said:
Neighbour is claiming two different rules have been broken according to the model body corp act.
Yes, but what do your scheme’s by-laws say? Those are the ones that mater, not the model by-laws. In any case, the only appropriate response is “bring it on!” Let them take you to the Tribunal (NCAT) if they think they have a case. Bush lawyers have all sorts of opinions, expressed loudly, until you say the magic words “see you in court”.
Would this just require me to get approval form the body corp and then she wouldn’t have a leg to stand on?
Exactly. All you need is a letter from the secretary saying you have permission to use the area as your garden until such times as the Owners Corporation requires it for some other purpose.
At this point I can only recommend that you seek the advice and services of someone like Strata Answers, who will advise you and write letters on your behalf (for a small fee) or Nick Penny (NickP@Intensive-Care.com.au) who is setting up a similar service.
An independent person who knows the law and what your options are, and can tell the other parties authoritatively when they are crossing the line, will break the cycle of bullying and BS that’s going on here.
Meanwhile, lock the gate and tell them if they interfere with it, you will have them charged with criminal damage.