› Flat Chat Strata Forum › Common Property › Bin location › Current Page
daveylicious said:
I was hoping to get some advice / assistance in regards to identifying where the currently allocated area for the bins to go is, and if we have any position to argue that the bins should not go in an area which we feel impacts on ourselves and the value of our property.
Here is a little story, a true story, that may shed some light on owners rights.
In our SP an owner purchased a unit only to find the OC had an “unapproved” cemetery next to the unit. The Local Council had approved a site but the OC had never asked for it or passed any motions to approve the use of that area of common property as a cemetery.
There were numerous CTTT cases and the SP was ordered to pass resolutions to formalise the cemetery area as CTTT stated the area had never been formally approved.
The OC passed the resolutions but then the 3 owners whose units adjoined the cemetery area were involved in several more CTTT matters in which they claimed they were disproportionately disadvantaged by the fact the OC could pass resolutions that put the cemetery next to their units. Ultimately CTTT allowed the cemetery to stay and bodies get buried between 5m and 30m from a unit boundary; even though the Council has a 100m setback rule.
It isn't garbage bins outside the window but the moral to the story is that in a strata plan the OC can pass motions that disproportionately disadvantage some owners and get away with it; CTTT cannot be relied on to correct these matters and District Court costs too much for many people.
You have a position to argue, as did the lot owners next to the cemetery but the OC can pass motion/s to create an area for the bins outside your window. If they do you may find you can win a CTTT battle but you may also find you can lose.
If there is good harmony in your block you should be able to negotiate a satisfactory outcome that suits everyone.