Re: Ordered to remove child safety nets from balcony

Thankyou

I am really sorry I thought using my first name would be ok. As i said i am new to this sort of thing. I am new to forums generally   and am not aware of the correct way to do such things. I did read the instructions but missed the bit about first names. 

To clarify, the council though our nets were bird nets. I have asked if there were further complaints once they new they were child safety nets but have received no reply from the strata manager. As far as I have been told it is the council’s original complaint that is the only complaint received. I have not been told of other complaints or at least been supplied with any details of them. 

Regarding the appearance these nets are made from a transparent structure ( like fishing lines) and can only be seen when they glimmer in the sun. They are affixed to the inside of the balcony in order  make them as non visible as possible. It is only on very sunny days that you see them at all. I have been taking photos over the past month in all conditions to prove this. Cathy Sherry knows the product and I sent her a photo of our installation and she could not see the netting in the photo. 

As requested i have found our exact by-laws. This is the bylaw they re quoting- or the first  2 parts of it in isolation.

I am very interested in Lady Penelope’s ideas of a professional mediator? Any suggestions?

Bylaw 7

7(1) An owner or any permitted person of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property without the approval in writing of the owners corporation.

7(2) An approval given by the owners corporation under clause (1) cannot authorise any additions to the common property.

7(3) This by-law does not prevent an owner or person authorised by an owner from installing:

(a) any locking or other safety device for protection of the owner’s lot against intruders, or

(b) any screen or other device to prevent entry of animals or insects on the lot, or

(c) any structure or device to prevent harm to children.

(d) any devise used to affix decorative items to the internal surfaces of walls in the owner’s lot, unless the devise is likely to affect the operation of the fire safety devices in the lot or reduce the level of safety in the lot or common property.

7(4) Any such locking or safety device, screen, other device or structure must be installed in a competent and proper manner and must have an appearance, after it has been installed, in keeping with the appearance of the rest of the building.

7(5) Despite section 106 of the Strata Schemes Management Act 2015 ,

a) the owner of a lot must maintain and keep in a state of good and serviceable repair any installation or structure referred to in clause (3) that forms part of the common property and that services the lot.

b) repair any damage caused to any part of common property by the installation or removal of any locking or safety devise, screen., other devise or structure referred to in clause 5 that forms part of the property that services the lot.