implied exclusive use

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  • 25/04/2018 at 11:34 am #9309 Reply | Quote
    Peter Gray
    Flatchatter

      My downstairs ground level neighbour has been using a small garden area outside his living room sliding door as a patio for about 10 years without any authority. He has garden furniture, BBQ which stinks up my unit above, gas bottle and planter boxes there.

      In the past I mentioned to our strata manager that I was unhappy with this but he did nothing. We’ve recently changed managers and I mentioned it to the new manager asking that the area be cleared as it is common property. The manager said that at a meeting of the owners corporation, my neighbour can be instructed to remove the items but I don’t think the majority will agree because our unit block of 9 is broken into 2 camps and I am in the minority camp.

      The manager said that if the OC doesn’t agree then I could take the matter to mediation but that my neighbour has “implied exclusive use” and I would probably be unsuccessful. Is he right? Is there such a thing as implied exclusive use?

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    Reply To: Reply #20179 in implied exclusive use
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