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Topic
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While this flat has the only access to the garden (there's a ten foot drop at
either end) the area is actually common property to the building. So for 10
years I built a lovely succulent garden and mowed the lawn etc on behalf of all
who enjoyed it.Then, a couple of years ago, I was informed by the
Executive Committee that the garden was an OH&S issue and I was banned from
entering my own garden. (I actually took the case to Fair Trading with a solicitor and lost.) So,
the garden filled with weeds and garbage.Last month, six guys appeared over the wall on
ladders. They took chainsaws to the garden and well, you can see the results
below. Large colonies of ants moved from the garden into our apartments and the
area now resembles ground zero in New York City. When the wind blows, dirt flies in
off the terraced area. I suppose, eventually, we'll get the ubiquitous woodchips
and agapanthus. Everyone in the building is mortified and mystified that a 30 yo
establish garden was vandalised so brutally. But I share this tale because I
think its a good example of how just one or two bitter and nasty people getting
power on an EC (there are only 6 owners ever go to meetings, there is no Chair
and this was done without informing anyone) can be such a problem for the other
60 units. We seem to be powerless against their malice and incompetence and I
really think the Body Corporate law needs to be revised so that all owners are
notified of minutes of meetings, planned major works and given a forum to vote,
or allow a proxy vote to their tenant.
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Replies
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Shayne
Many of those safeguards are in place. ECs are bound by law to circulate agendas and minutes of their meetings. Owners can give their proxy to tenants and with a bit of effort you can oust them from the EC if you can garner enough support. Sounds like you need to chat to a specialist strata lawyer.
JimmyTThe 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.
Far be it for me to add fuel to the fire but if they had a clear instruction from the Owners to leave the garden alone and then later went ahead and ordered its destruction without holding a proper meeting, the question of personal liability might come into it.
Or you could let it ride and put it down to experience.
Or, at the next AGM, raise a motion for a special resolution allowing you to take over care of the garden again – now that everyone can see how they have destroyed it. At no cost or hassle to them, taking responsibility for your own OH&S, who’d vote against it (apart from the obvious)?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.
yup, that is the plan I discussed with my landlord, Jimmy. That we pay slightly higher strata title fees (which he can pass on to me as rent) in return for exclusive use of the garden. Obviously its a tricky situation because the garden is really 'no man's land.' Legally, it belongs to the body corp. But they have no access, only I do. The previous arrangement that I maintained the site as a live-in free caretaker worked well for years until these couple of belligerent EC members became obsessed with 'reclaiming' it. The difficulty now is that they will not sell to the landlord and will obstruct any move for exclusive use. I've had a chat with some of the newer owners about the situation, who are considering joining the EC to ameliorate the situation. All things change.
The matter of 'personal liability' might get very complicated as regards to quantifying the $$$ value of the garden built over ten years.
I only made this post to point out the harm that a couple of unrestrained EC mmbers can cause to a whole community – which is, after all, what an apartment building is.
Ah yes, but the cost of the contractors who laid waste to the garden, if not properly agreed to at an EC meeting, could be charged back to the EC members who went ahead and did this without authority. I’m not suggesting you pursue this but it might be a card you play when you tell them it’s time to back off and HELP you to pass an exclusive use by-law or, indeed, sell the space to you.
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.
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