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Topic
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I am living in community titled scheme where we have by-law to comply, however my neighbor installed a kitchen vent while we were away. Please find below details:
Summer 2023:
neighbour installed kitchen vent (approximately 1 meter distance away from my property), pointing directly to my main door and windows.
vent distributes cooking smells from kitchen to exterior of their property.
The kitchen was renovated and changed from a laundry.Concerns
changed the structure of the building by opening a new kitchen vent hole.
vent installed into external wall without permission.
Executive committee favouritism due to the neighbour carrying out complimentary contract work for members of Committee.
Executive Committee possibly unsure if they should be involved.
feedback from Committee via ‘group chat’: Why don’t you close your window / door while they are cooking? You have been unreasonable, etc
no response from strata manager.
health concern for daughter with asthma (unable to read outdoors).
inconvenience – unable to hang laundry in front yard, in case the vent expels cooking fumes.Steps taken –
tried closing the door to keep cooking smells out (6 month period).
reached out to the executive committee, providing evidence that use of private property interferes with my enjoyment of my property.
raised the matter at an AGM and advised the strata manager to do something.
awaited some months for response / resolution.
recently cooperate in a meeting of all concerned parties (committee, neighbour, myself ) to talk about solutions and ascertain if the committee should take action, or if the matter is between myself and my neighbour. The meeting is in 5 days.Question: if the result of the meeting is the committee deciding not to get involved, what’s my best option legally? Shall I go through fair trading mediation and tribunal next?
Thank you!
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Replies
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That sounds terrible, and likely unacceptable. These things will require you keep a paper trail of back and forward emails and details of conversations etc. Your complex has a property manager (usually who ever arranges your AGMs) that you should speak to on this, and get him to help you. The committee should have first been approached by the owner for permission to make the renovation changes, and they should have checked that it was likely ok to proceed – or not. They should now be the ones who take on this battle for you and for the sake of the building. If they don’t or wont’ you need to go to your State authority for the steps to have someone independent understand it and compare what’s happened with what the law allows. If the owner has acted without approval the authority may require them to remove the offending fan at their own cost. That is not your problem as it seems like they should have asked first and not created this problem for all involved. Good luck with it all.