#18129
imported_dech
Blocked

    “Wingattack” wrote: …for having plants on my balcony balustrade which are an OH&S hazard.  It is fair enough to be actually asked to remove them, though they have been there for 13 years, are anchored and none have ever taken the drop from the third floor. I have taken them down of course…”

    1.      You have admitted being the perpetrator of a safety hazard which could only be by having pots small enough to pass under or through the railing or so large that they could blow over the railings or you have children unsupervised on the balcony – so the EC appear to have dealt with a serious offence.  The EC may however have left themselves open to a libel action in that it may be difficult to prove who the offender was i.e. another occupant of your unit (son, friend, etc) or a tenant of whom the agent had failed to advise the OC.

    2.      I wouldn’t think many Strata Plans have by-laws dealing with threats of breaking a by-law e.g. while any balcony or window above a common area contains the inherent possibility of objects emerging, this is probably covered by the standard by-law regarding interference with others enjoyment of common property – it’s only if/when something actually occurs that action may take place against the occupier by the EC.  For most the combination of morality with the fear of litigation/retribution/infamy keeps most of us alert in avoiding (realistically) potential hazards.  A sure sign of a petulant EC is the robust enforcement of unlikely potential hazards while overlooking obvious ones.