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[cassimic]

Hi, I would really like some help with this. Whilst I was on holidays, my next door neighbour (townhouse) has installed a deck that is approximately half to two thirds the height of the fence. He did not seek approval from the EC.

Anyone standing on the deck (which is anyone in his backyard, as it takes up most of the area) can oversee my patio and into my home and I now have no privacy. He offered to put up a higher fence, but this would also cause negative light and sun impacts.

Note: the deck is an extension of the existing porch, but about twice to three times the size. The decking balustrade is higher than my fence in parts – I have a sloping fence. We also have fence height by laws meaning that any changes are not desired.

The other concern I have is that we back onto fire prone land (it is zoned as the highest risk) and the deck is made of wood.

I have written to the EC and strata manager, requesting the deck be removed. I am awaiting a response.

What are my options? I feel the liveability of my unit has been compromised. And I feel it will impact sale price, and I am wanting to sell in the near future.

Please note I am on the EC, but I don’t think the others EC members have anymore idea of what the options are, like me. Does anyone have a suggestion on how I can get this deck removed?

Thank you,
Michele

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[Sir Humphrey]

The details of what you do and terms vary between states. However the gist is generally similar. In the ACT, the default rules (aka bylaws, articles etc) require an unopposed resolution of a general meeting for a unit owner to erect a structure or alter a unit. Elsewhere it might be a special resolution. In the ACT (and perhaps elsewhere), the rules can be changed by special resolution of a general meeting. In the OC where I live the rules are relatively permissive. A unit owner must apply for permission which can be given by the EC on behalf of the OC. Most places would require at least EC permission. 

You could write to the EC asking them to issue a ‘rules infringement notice’ for erecting the deck without permission and requiring its removal by some reasonable date. 

You might have a general rule requiring unit owners to comply with the law. If the deck is of a size or height that it would have required local government building approval or development approval, then the rules infringement notice could refer to that also. 

Or you could phone the local building approval authority and ask their advice. If the deck is more than half the height of the fence, in the ACT at least, I think I recall that that would put it above the maximum height for not needing building approval. There are then processes to report suspected breaches of the building code and the local authorities will have to get back to you with advice. It it breaches the building code it might be easier to have them do the enforcement. 

Building approvals also take into account overlook from one residence to another. Some overlook of part of the neighbouring area is permitted but there are limits. 

I hope that helps.

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