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Hello, I’m in NSW.
I’m on the first floor on a block of units and have floor to ceiling windows. The unit on the ground floor under by bedroom has installed (approved by strata and council) a pergola under my bedroom window and when I look out, I see the roof of the pergola immediately under the window, it extends out about 2.5 metres and is unsightly, starting to collect dirt, leafs and sticks. etc.
What’s done is done, but under my living/dining is another unit and the owner may install a pergola later. As this is a new development the Strata Committee is considering a general bylaw for pergolas as the 3-4 done so far have been by EGMs. I can’t stop, nor wish to stop a person installing a pergola, but is it possible for a bylaw to win at NCAT preventing a pergola under a floor to ceiling window immediately above it?
This for example would limit the owner under me by only 1/4 of their courtyard, it’s a generous size courtyard, and the other pergolas only cover about 1/2 of the other yards, which above them are not floor to ceiling windows.
Would Section 37 offer me some protection in the committee creating a bylaw? “(d) to not behave in a way that unreasonably affects a person’s lawful use or enjoyment of a lot in the strata scheme or the common property.”
As looking out over a pergola roof 24/7, and added noise of rain right at your window, etc via floor to ceiling windows does unreasonably affect my enjoyment of my lot? Thank you in advance.
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If you are the only person likely to be affected in the future, you may have make this a personal issue. But if there are others in your position, who may be affected in the future, you may be able to get some help in establishing a pre-emptive by-law.
I would be proposing something for the next AGM, suggesting the committee establishes some criteria for the size, shape, colours and materials that future pergola could be made from.
Meanwhile, raise a complaint with the committee about the noise from and appearance of the pergola on the grounds that you mention – interfering with the peaceful enjoyment of your lot (noise from rain) – as well as the requirement for owners to maintain the appearance of lot property.
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