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[rhea]

Hello Flat Chatters,

I am seeking advice regarding common property. We do not have by-law regarding use of common walkway.

I hope the layout below of our building makes sense. The building is split into levels. The main door to each unit opens into the common walkway (common property). 

Ground level -Carport and Exit to street

Level 1 (Unit 1- Unit 2 – staircase– Unit 3 – Unit 4)

Level 2 (Unit 5- Unit 6 – staircase– Unit 7 – Unit 8)

Level 3 (Unit 9- Unit 10 – staircase– Unit 11 – Unit 12)

The Level 2 common walkway is accessed by my neighbor (tenant at Unit 8) and myself (Unit 7). My neighbor being at far corner of building has to walk past my apartment to access the staircase.

My neighbor has two beautiful pot plants on walkway just outside their apartment door. The plants are well maintained and there is no risk of tripping/falling over someone’s head, water leaking etc. I do not mind them having these plants. Other unit owners/ tenants (on other Levels) also have planters, and big figurines outside their apartment on common walkway. 

Recently, upon the cleaner’s request the Strata directed my neighbors (Unit 8) to remove their 2 pots from the common walkway. The Strata has not contacted any other unit owners/ tenants regarding removing their planters/figurines from the common walkway. 

The annoying part is that until 2 years ago the previous tenants (Unit 8) had over 20 pots blocking the common walkway. And the same cleaner never complained about that to Strata in past.

My question is can Strata have different rules for different owners/tenant? Can Strata force the resident to remove the pot upon cleaner’s instructions? 

Also I do not have a problem with my neighbor having plants on walkway. We are the only people accessing that part of the walkway and no one walk past those pots. As an owner and committee member can I do something about it?

Your advice is greatly appreciated.

Thanks

Rhea

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