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Topic
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Can a resident in an upper balcony hose the debris on their balcony onto the property of a lower unit?
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Replies
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Investor13 – In short, no. This would clearly cause a nuisance to the occupant of the lower level.
S[153] SSMA 2105 states the following:
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 I was in your position I would write to the strata committee via the strata manager and raise a complaint about this nuisance. The committee or strata manager should then write to the occupant of the upstairs Lot and stipulate that they stop hosing their balcony immediately.
If hosing is sometimes necessary then you can ask the Committee to put a Motion to the next general meeting about balcony cleaning which stipulates the days and times of the week when hosing is permitted e.g. Friday between hours of 9 a.m. to 10 a.m. The owners can then vote on this by-law Motion.