#55207
TrulEConcerned
Flatchatter

    Two things come to mind:

    1. Jimmy’s advice of mediation is useful. If so, you could quote a section of the NSW Strata Schemes Management Act that could assist you:

    Part 2
    Division 2 Management of strata schemes
    9   Owners corporation responsible for management of strata scheme
    (2)  The owners corporation has, for the benefit of the owners of lots in the strata scheme

    It should be plain as day to a mediator that cutting the canes would benefit you and would not seriously impact on your neighbours. Also I would think your right to sunlight trumps another lot’s expectation of more privacy than they currently enjoy.

    That said, be ready at mediation for a neighbour to claim that you knew of the canes’ height when you recently moved in and now you seem to expect your wishes to be complied with? That is unreasonable, unless you were given an undertaking upon purchase that the canes would be trimmed.

    That said, IMHO given my experience at NCAT a few times (notwithstanding different Members offer different views), I suggest mediation but prepare THOROUGHLY as though you’re going to trial.

    Good luck.