› Flat Chat Strata Forum › Common Property › Take a Chair – Sit Down There › Current Page
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).
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).
Clearly I'm no help, just find it an interesting situation…