Hi Diana from Bondi
The neighbouring owners corporation is committing the tort of private nuisance.
The Council action is a good idea.
In addition to this, your owners corporation should write a letter to the neighbouring owners corporation indicating:
– the existence of the nuisance;
– the inability of your owners corporation to mitigate it’s loss or potential loss (I presume there is nothing you can do to ensure no-one is injured or no property is damaged. If there is, steps should be taken in this regard (non-slip mats, etc));
– the potential for personal injury or property damage as a result of that nuisance; and
– the fact that no EC members will be indemnified by their D & O insurance for any fines or penalties which might arise from personal injury or property damage.
Regards
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