#12725
Jimmy-T
Keymaster

    The point is that bpositive's EC can't decide to do nothing about common property – they have a duty to maintain – and the Act clearly includes appearance as an issue of maintenance.  He could go back to the original plan and if it doesn't say 'wilderness garden' then he has a case. The EC has an obligation under the Act to maintain common property.  Maintenance includes appearance. 

    Residents at the back of this block are entitled to have the common property they can see from their windows properly maintained. If the CTTT doesn't support this – and it's a lottery, there, I admit – the District Court almost certainly will.

    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.