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Hello,
I would like advice on this situation. The other unit in a subdivision with owners corporation over common property in Victoria, has put a portable basketball ring on common property. It was previously in their front yard.
I don’t want this directly outside my bedroom what rules can I use under oc model rules to have this removed from common property. Can I issue an abandoned goods notice then have it removed if they dont? Or simply no one should have anything left on common property?
Worth noting this unit has an entire front yard and backyard to install the ring yet They have chosen common area as they obviously rather have their own house look nice with potted plants planter boxes etc instead of their kids stuff. If they moved their pot plants they could even put the ring on their own property utilizing the driveway near the front of their house to bounce the ball. Rather than outside my house. So it’s not a matter of them not having it it’s rather not on common property outside my room.
thanks 😊
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What do your rules say about the use of common property – if you don’t have specific rules about the use of common property, then the model rules apply.
I would be looking at
4.1 Use of common property
(7) The owners corporation may impose reasonable conditions on a lot owner’s right or an occupier’s right to access or use common property to protect the quiet enjoyment, safety and security of other lot owners, including but not limited to imposing operating hours on facilities such as gymnasiums and swimming pools.
AND
6.2 Noise and other nuisance control
(1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.
The strata laws on abandoned goods are likely to be superseded by the laws covering stolen property.
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