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Hi All!
I live on the ground floor of a building, and I have a courtyard. The strata/OC is sending me breaches of by-laws because of an outdoor dining/pool table that I have along with a storage cupboard used to store sporting equipment. These items are not visible from any balconies above the unit as there is a ceiling from the above unit that covers that part of the courtyard. There is a 2m high hedge along the fence so the inside of the courtyard is only visible from a small gate if you walk past.
They are arguing that you can see my courtyard from the apartments across my building (across the road, closest balcony at least 30m away.
I have made a point that if I do not have storage for my sporting equipment then the courtyard would be more of a mess, and I should not have to remove a piece of furniture/s if it is specifically for outdoor use.
p.s. they could only see the storage cabinet because they climbed over my hedge and took a photo of the inside of my courtyard!
My point is, if I am the person allowed to use the courtyard as it is part of my lot, when can I tell them to zip it in regards to items I place in my courtyard? the by-laws state it is common property, yet it is part of my lot!
They are also telling me to remove a lock I have put on the gate although the bylaw clearly states I can make any additions I find necessary for the safety and security of the unit.
I’ve tried to google the definition of common property and the lot, however all I find is that common property is the external areas of a courtyard ie fence, tiling, wall etc. Nothing about items I can hold/store in my courtyard.
Would really appreciate your help!