#23508
Jimmy-T
Keymaster

    It would probably help if the original poster stuck to the facts and didn’t exaggerate their claims.  They have not been denied access to their backyard, they have been told to remove certain items.

    The by-law (if it is in any way similar to the one cited) does not cover garden furniture or other equipment – unless they have been dumped in the yard and are unsightly.  A composting bin doesn’t seem to breach the by-law – a pile of compost might.

    However, the underlying attitude of the EC is typically “renters have no rights”. Obviously, someone objects to the worm farm and the composting bin but they don’t have the necessary by-law to force them to be removed.  In which case I would sit tight and tell them that if they try to remove the items you will call the police.  

    The reduction of the fence size is an issue of privacy and loss of amenity and should be raised with the landlord, possibly with a view to getting a rent reduction.

    This is not a case of false advertising – that is absolute rubbish.  It’s a case of someone not liking what you have on your terrace and complaining to your strata manager.  It has zero to do with your real estate agent. If the ad had said “perfect for worm farm and composting bins,” then you might have a point.

    While we’re on the subject, there is nothing to be gained by overstating your case, especially when you have reasonable grounds for rejecting their demands.  

    Let them issue a proper Notice To Comply, ignore it or reject it, take the issue to NCAT and if NCAT says the stuff has to be moved – which I believe is highly unlikely –  then either move it or cop the fine (which will be nothing like $550).

    Chances are, however, by turning the heat on this up to 11 as an initial response, your lease will probably not be renewed and the problem will cease to exist because you will be living somewhere else. And in the meantime the Owners Corp will probably pass a more comprehensive by-law that covers the kind of things they allow on their terraces.

    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.