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[theora]

Hi, I really need some advice. I’m one owner of a 2 owner duplex. Woke up on Tuesday to the sound of circular saws. The other owner is building a deck/verandah in his backyard (or should I say instead of his backyard). He didn’t tell us (or the Strata Manager) anything about it. I’ve been chasing the Strata Manager for the last 3 days to find out what’s going on. Finally got back to me last night to say that he’d spoken to the owners and it’s only a deck so they didn’t have to notify us or anything. The deck is going to be the whole length of his unit less about 3 metres and is built to just inside the fence line (I assume it the requisite 900mm inside the fence).

The problem is that I we apparently only have the owners word that it’s a deck and the deck has multiple uprights that are higher than the guttering on the roof which to me looks more like a verandah than a deck. Also, the block we are on slopes upwards and they are in the front so the part of deck closest to us is almost as tall as the fence between our units. We also have a deck which was built 12 years ago after getting the requisite council and owner’s approval so they will be able to see everything on our deck which I feel is a gross invasion of privacy. Also, if it is roofed, it will cut out most of our light and air as it will be quite a bit higher than ours.

Do they really not need approval or even to notify us because it’s only a deck (if it is)? The strata manager has told us that if we want to know anything more to ask them which I won’t do because I’ve been threatened by them before and I think it should be his responsibility to make sure everything is done correctly.

I’ve put a call into the council (Hawkesbury Shire Council in NSW) but I’m waiting to hear back from them. I don’t think the deck falls under building exempt because the way I read the laws it must not be higher than 1 metre from ground level to be building exempt and because of the slope of the land, the top end of the deck may be under 1 metre but the end nearest our unit must be almost 2 metres as we have a 2 metre fence between us and it’s almost that tall.

What do I need to do. We haven’t seen any plans so I’m only going on what I can see but I don’t want it built the way it looks like it is going to be because it’s huge. They’ve also put in an air conditioner without notice which I don’t think they should have done either but I’m happy to let that go. Basically the owners have never lived in a strata before and don’t believe they have to follow the rules.

Also, should our Strata Manager be doing something other than washing his hands of it. He’s scared of them as well but as far as I know it’s his job so he shouldn’t be taking management fees if he won’t do it.

I’m really stuck because I’ve never had to deal with something like this before, the unit was rented before and the tenants and I got along well and just talked out any issues. I’d appreciate any advice.

Thanks

Theora

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