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random said:
So the CTTT said the fence should stay? Because I would think the fence (if built without permission) would be the issue that could be rectified (by removing the fence).
Haha. When I complained to mediation – they quickly held a EGM got approval from the exec committee and passed a special resolution. No s31, no bylaws, no consent. If you have the majority you can do anything! As matters stand even today there are no bylaws. Additions by owners to common property have to be first approved. Not the other way round. That is the law. But CTTT decided thru adjudication and hearing that the fence stays for practical reasons. It is now a safety fence – what a joke!
Aside from that (if the fence was approved, or if the CTTT said it has to stay), as far as I know anyone can enjoy the common property (i.e. by sitting on it) as long as it doesn’t interfere with other users enjoying it. I.e. if he was using that area to make a lot of noise would be different to sitting quietly minding his own business.
And is he leaving the chair out there, or taking it with him? Because if he was leaving an item unattended on common property which technically (forgetting about the fence) could cause a hazard if someone tripped over it in the dark, I would think that changes the issue again than if he’s only taking his chair out when he wants to sit and relax (hopefully not causing a hazard).
This is where the problem is if I sit there he would compaint of noise.
Clearly I’m no help, just find it an interesting situation…
Yes when the same person is put in charge of the maintenance of the building – there is really little you can do. I though maintenance of buildings is done by a team with proper equipment and proper OHS equipment not by one person with a broom and a pair and a rickety weed mower! It is a very interesting situation.