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I live in complex of about 20 apartments. One owner resident with some mental health issues (acknowledged by her) doesn’t do any exterior “housekeeping “. Her decking ( large) and garden are neglected. She has a large pine tree in her yard  that drops fronds, seeds, etc. she never sweeps or rakes.
Strata has just raised a levy of $70000 to rebuild her upper deck that had leaks into her unit caused by blockage because area never cleaned.
Can the committee  request or force her to maintain  her exterior?

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[Jimmy-T]

You could use section 18 of the standard by-laws as  leverage, at least.

18   Appearance of lot

(1)  The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.

Than you can offer to organise someone to do the work at the owner’s expense and, if they refuse, have a look at Section 120 (2) and (3) of the Act.

120   Owners corporation may carry out work required to be carried out by others

(2) Work required to be carried out under term or condition of by-law

If a person who is the owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in the strata scheme fails to carry out work that is required to be carried out by the person under a term or condition of a by-law of the scheme, the owners corporation may carry out the work and recover the cost of carrying out the work from that person, the owner of the lot (if the person is not the owner) or any person who, after the work is carried out, becomes the owner of that lot.

(3) Work that is duty of owner or occupier to carry out

If a person who is the owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in the strata scheme fails to carry out work in order to remedy a breach of a duty imposed by Part 8, the owners corporation may carry out the work and recover the cost of the work from that person.

Part 8 of the Act includes this:

153   Owners, occupiers and other persons not to create nuisance

(1)  An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not—

(a)  use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or

(b)  use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or

(c)  use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.

If you can’t reach an amicable agreement with the owner, then talk to a strata lawyer about the potential for invoking the above sections of the Act.

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[tina]

Does your neighbour have someone to support her?  She might be so impaired that another person has been appointed as their Power of Attorney.

It sounds like they need a regular lawn mowing / cleaning person to come into their property and maintain it.  This is the responsibility of the lot owner, not the owners corporation.  If she is unable to maintain the place herself, then she has to pay someone to do it for her.

Find out if someone is in charge of their finances.  The person who pays the bills should arrange for a regular lawn mowing / cleaning contractor.

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