Drying laundry on your balcony is one of those issues that’s been blowin’ in the strata wind since the days of three-storey walk-ups when we had set days for using the communal clothes lines.
And without blowing my trumpet too loudly, when it comes to strata coverage in the media, some people know me to some extent.
And that makes me think, If I can’t get an answer out of the powers that be, what chance has Joe or Jo Blow?
A couple of weeks ago, I asked NSW Fair Trading if one of the unintended consequences of a couple of the new strata laws will be that more apartment blocks will be forced to change their by-laws to allow residents to dry their laundry on their balconies
This issue has always been divisive but it’s not merely a question of visual preferences when young families are struggling to pay soaring energy bills.
And that’s ignoring the irony that laundry could be dried by the same sun and breezes that we now spend squillions trying to harness with wind turbines and solar panels, to turn into electricity to power our tumble dryers.
So what’s the issue with the new laws in NSW? They say that changes to common property that involve sustainability issues can’t be rejected because they would change the look of the building.
Meanwhile, existing law says by-laws that involve sustainability measures only need a 51 per cent majority to pass, rather than the 75 per cent super-majority other by-laws require.
The minority veto on by-laws would be gone. And free sun and air instead of tumble dryers – that’s sustainability in a nutshell, right?
Ipso facto, your honour, if only 51 per cent of owners at a general meeting want people to be able to dry their clothes, sheets and towels on their balconies, then they can change the by-laws.
They could come up with reasonable restrictions on how, and how long laundry could be on display. Not on the days when prospective buyers and renters are on the prowl would be one. Or could they?
I asked Fair Trading this question three weeks ago. So far, crickets. And if they won’t tell me, of whom some of them have heard, they probably aren’t going to tell you either.
Which means, rather than saying, “no, that wasn’t what we intended” or ”yes, I suppose it does mean that,” they would rather that you started a strata war in your scheme.
So go ahead, drag you neighbours to NCAT and make lots of new enemies along the way – if only because of the legal bills that will ensue – because it now seems that’s how changing strata law really works.
The policy wonks and politicians come up with the ideas but we have to do the heavy lifting when it comes to seeing if they can work or not. Precedents have to be created and that means a tribunal or court battle and that means strife and expense.
Fair Trading could look at some of these contentious issues and run a test case to see what flies and what crashes and burns. But they won’t even express an opinion – to me, or you or anyone else.
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Do new strata laws mean it will be easier to pass by-laws allowing laundry on balconies? The answer, unlike your undies, is blowin’ in the wind.
[See the full post at: RANT: Balcony laundry query blowin’ in the wind]
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
› Flat Chat Strata Forum › Current Page
› Flat Chat Strata Forum › Current Page