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Seiwa (point 4) :The duty to maintain involves an obligation
to keep the thing in proper order by acts of maintenance before it falls out of condition, in a state which enables it to serve the purpose for which it exists…. Thus the body corporate is obliged not only to attend to cases where there is a malfunction, but also to take preventative measures to ensure that there
not be a malfunction.
Seiwa is not about keeping up appearances in the rear section of an SP, it is
not about looking pretty. Maintenance in Seiwa is not about satisfying the
aesthetic need.
Maintenance in Seiwa is about keeping things in such a state that they do not cease to “serve the purpose for which it exists” or “preventative measures to ensure that there not be a malfunction”.
Is the rear area of bpositives SP really in a state of malfunction, will it end
up in a state of malfunction if the weeds are not removed or the dead leaves not raked up? What is the areas purpose and is that purpose no longer being served due to the weeds and dead leaves?
Something can look perfect but not serve its purpose; something can look horrid but still serve its purpose.
What is the back areas proper condition and has the rear area departed (or will depart) from that condition sufficiently that it will no longer serves its
purpose? Is it the case the rear area was never much more than it is today?
Does the back area actually visually detract from the rest of the SP to the
point that people go “no thanks” when considering purchasing or is it more the case people just think “that area needs a bit of a tidy up” or is it the case the area is acceptable to the average person and it is not in a state of
malfunction or not very removed from being in proper condition.
Does Seiwa mean “tidy up the backyard” – I think that is stretching it.
I think Seiwa is waived about like a panacea.
Before bpositive embarks on the potential nightmare of playing the CTTT
lottery remember it is $72 for mediation, $72 for an adjudication application, $72 for an appeal and write your own cheque for legal expenses after that.
Spend that money on the area before playing the CTTT lottery. Spending the money on the area will give you a return; play the CTTT lottery and you could lose the lot and still live with the urban jungle outback.
Go to CTTT and owners will diss you; spend the money on the area and you will get “building cred” and the area you want.
Better still seek exclusive use of the area; if no one cares about it then they might just give bpositive (you) exclusive use and then bpositive (you) can make it a paradise instead of an untamed urban jungle.