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[fandoog]

I live in a block of units which have a variety of shaped and sizes of unit, and four of them have expansive terraces that are highly visible from the buildings on either side of us. One of these unit owners asked the Strata Committee for permission to erect some privacy screens on which they wished to grow floral arrays, and permission was duly granted and flowers grown. Six screens were bolted onto the brick balustrade, which is common property, and all was fine, until the tenants in another unit objected saying that the screens blocked their view and ruined their lives. They have since moved out. The owners of that unit have asked for the screens to be removed, and claimed that it is difficult to get tenants with part of the view blocked. However, the owners of the screens have invested some considerable money in buying the screens and having tradesmen bolt them to the building, which they did with Strata permission as far as they were concerned. The screens are patterned, about 2 metres tall, and are in a row along the balustrade that is perpendicular to the unit that is objecting.

Our committee changed and a new person became Secretary recently, and as she is friends with the owners of the unit objecting to the screens has started a process of stating that this is a “major renovation” requiring a special resolution, and is worrying the hell out of the people who installed the screens. She wants to hold an EGM to get a vote done to give or deny permission.

Can this occur. Do the owners of the screens, who acted in good faith and who do need some privacy have to subjected to what is in effect a retrospective decision by this new Secretary, and is a Special resolution required.

As we also have some special by-laws about renovations, a by law is required to do any renovation, so we get into the territory of requirements for a DA, drawings, costs etc, all to have something to grow flowers on.

The location is somewhat exposed, and can be hit by violent southerly winds at times, which is why the screens need to be bolted down, although they could possibly be made to be self supporting and so not permanently attached to common property. Are there restrictions on what we can grow on our terraces. Could they grow a bamboo hedge in pots for example?It’s not visible from the street, only from the one unit that is making the objection, and the units in the building next door, all able to look straight on to said terrace.

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