#20425
Jimmy-T
Keymaster


    @Tony
    said:
    Hi Flat Chat Mate  :)

    FYI: His name is Just Get On With It – Flat(Chat)Mate is his website rank

    Very much appreciate your input as to the relevant provisions – does this mean any concerned lot can basically stop any proposal irrespective of precedents or majority of other owners within the SP.

    No.  An individual has the right to object and pursue maters through the Executive Committee, Fair Trading and/or the CTTT (not to mention local council).  But they don’t have a veto

    Further how is the validity of ones argument measured – eg if one obscures 15 % or less of ones view does this equal the same level of concern as someone with a loss of 100 per cent.

    This is a matter for consideration by the relevant bodies (listed in the previous response).  But common sense would tell you that someone having 100 percent of their view blocked has a stronger case that someone losing only 10 percent.  

    Further , it would be unlikely in the purchase contract that their be say a clause guaranteeing unrestricted views. 

    It is accepted in planning that you don’t own the view (although you are entitled to your fair share of daylight).

    Finally how does ones right to privacy and use of their own lot, precedence within the SP etc weigh up over a single lot owners concern and therefore right to veto ??

    As explained above, there is no right to veto, just a right to object.  But, just as a general principle, if your neighbour wants special treatment (nothing obscuring their view when other neighours do have partially obscured views). And as consequence of this you have to suffer unduly, I think any reasonable body would take your side.

    What would one see as best next steps ?

    Doing this by the book, I think you have to press your owners corp to support an application to install the screen and I think you then take that to your local council for approval.  But in both instances, obviously, be prepared for a fight from the neighbour.

    Or, you could just inform the Owners Corp that you can’t wait for them to decide, that you are prepared to fulfill any reasonable requirements they may have but that you intend to install the screen as per the original design.  If they want you to remove it, THEY take YOU to Fair Trading, the CTTT and the council.

    The latter is a riskier strategy but at least it brings the wheelspin of indecision to an abrupt end. Acting reasonably up to the point when it’s not doing you any good, then acting decisively, has an appeal.  But be prepared for your action finally galvanising the Owners Corp into doing something – like applying for a CTTT ruling to force you remove the shade. 

    Alternatively, wait till the new laws come in mid next year when you will be able to apply to the CTTT to force the Owners Corp to make a decision they might otherwise be dithering over at your expense.

     

     

    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.