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[ccgirl]

We are in NSW and have a large grassed common area at the front of the block. Two of the units have doors which open on to common property area. One of the owners has decided without reference or approval to place numerous large pot plants and a garden table and chairs on the common property outside his unit.

Leaving aside the aesthetics the various items restrict access of other residents and clearly present the area as private property. I believe these items represent changes to common property as defined by Sec 108 of the Act and we also have the 2 following by-laws;

An owner or occupier of a lot must not obstruct lawful use of common property by any person.

An owner or occupier of a lot must not deposit or throw on the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using the common property.

I have requested our Strata manager to take action but they have refused as the items are to “fixed” to common property.  We would appreciate some expert comments.

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