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I live in a neighbourhood that is under community title. We have a community management statement (by laws) and architectural & landscape standards that are used to ensure the suburb is maintained. When the developers built the houses the back pergolas were not covered with any roofing. We have since covered the pergola with polycarbonate sheeting in a corrugated design. We did not seek EC approval for the change as you can not see the pergola from outside the lot. The by law clearly states that EC approval is required for changes visible outside the lot.
We have now been reported to the strata manager for not seeking approval and for having a non compliant design – because the roof sheeting is corrugated and not linear in design. We queried as to why we needed approval when you can not see it from the street (and neighbours can’t either) and where in the ALS does it state you can not have corrugated sheeting or that it must be linear in design. Our queries were not answered but we were told to put in an application – which was subsequently not approved by the EC. The letter just says that as the roofing is not linear in design it is non compliant with the ALS and that we must remove it. There are many houses in the suburb that has the same corrugated polycarbonate sheeting and is visible from the street as their backyards are visible. Also the developers used colour bond steel roofing on many houses which is corrugated in design. It just doesn’t make sense as to why we are being singled out. The ALS makes no mention as to materials or design of the sheeting to be used on pergolas, roofs or anything of the like.
Are the EC right that we must remove the sheeting given that it can not be seen from outside the lot and that the ALS does not make any mention of roofing design being linear?
also are we allowed to ask who reported us? We don’t believe it was the neighbour given they have the same.. We feel that it may have been a neighbour we invited in who is on the EC (which we were not aware of at the time). Because unless you walk into our backyard you can not see the pergola.
Any thoughts on how to approach would be appreciated. We are considering doing nothing else because technically unless they trespass and come onto our property and into the backyard they can not prove that we still have the sheeting up.
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Simple answer – tell these busybodies on your committee to either issue a Notice To Comply (which will require them to state the by-law you have breached and how you did so) or take you to the CTTT to get an order forcing you to remove the roof (mediation required by law before you go to a hearing) or leave you alone.
In other words, tell them you haven’t done anything wrong then let them make the running.
You will not entertain anything other than a proper approach on an official notice that allows you to argue your case in front of the CTTT.
In fact, you would like an apology for the unnecessary distress this has caused you.
And, if your want to be even more aggressive, tell them that any further threats or orders will be seen as bullying an you wil appaly to the CTTT yourself and have the committee replaced by a statutory strata manager of your choosing.
But maybe you should keep that last shot in your locker for now.
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.
As far as I can see you are complying with the bylaws so you don’t have a problem.
The architectural & landscape standards are something the developer initiated and you would only have a problem if the developer complained about your roof and all the other roofs in the suburb. This is not something the EC can enforce as it’s not in the bylaws nor are you in breach of any clause of the strata act.
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