Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #7468
    daveylicious
    Flatchatter

      I've lived in our apartment as an owner occupier for the last few years. For most of that time the bins have been located on the street level, the median strip I think it's called, just outside of the surrounding wall of the apartment block.This has been much the same for the whole street.

      A few months ago the council decided that they were no longer happy to have bins on the pavement and as such throughout the whole street bins are back within the apartment blocks. I can agree that it's good that the council are finally enforcing their own rules, and that it generally increases the quality of the area, however there is a problem.

      Due to poor planning, our apartment block does not have a safe and easily accessible area for the bins to go. The waste contractors started putting the bins within our apartment block area, but on an uneven surface which is a part of the front garden which is on a steep (45 degree) angle. Essentially accessing the bins is a very precarious business and a slight fall could result in serious injuries. Due to health and safety concerns I contacted the council who refused to grant us permission to return the bins to outside the apartment block area. The council arranged for the waste contractors to visit the area and I was forwarded a copy of their report which essentially heavily criticised any suggested areas that we made for the bins to go, on the basis of poor lighting (we'd be happy to install lights) and poor access – they'd have to move the bins up a long flight of stairs, which of course we're able to sympathise with. The upshot being that the waste contractors advised that the bins remained in the new area, despite them acknowledging the area as being a safety hazard.

      I've contacted the strata body and they seem to have acknowledged the issue as an issue and arranged for a builder to provide a quote, with a solution being to concrete the uneven area which would cost several thousands of dollars.We have a low sinking fund, with other issues prioritised and a tendency for other owners not to want to spend money.

      In the meantime, and this is perhaps the issue that I would most like some light shined on, the bins have been moved from their new area to a slightly different area which is still on an uneven surface, but much less so, and as such is perhaps not an immediate health and safety concern. The problem with this new location is that it's directly outside of our bedroom window – albeit several feet away, and when we purchased the apartment this was not the case. We don't mind having the bins there as a temporary solution, but we're very concerned that this new location will become a permanent location which we will not be happy with, and are concerned that it was cause both a nuisance to ourselves (noise of people using the bins), and ultimately lower the value of our apartment.

      I was hoping to get some advice / assistance in regards to identifying where the currently allocated area for the bins to go is, and if we have any position to argue that the bins should not go in an area which we feel impacts on ourselves and the value of our property.

      It can also be noted that we're not the only apartment block in the street to be facing such issues as several of the apartment blocks now have their bins in their steep and narrow driveways, presumably making driving in and out of the car park area very precarious. I've also note that one apartment block on the street continues to have bins on the street, although they clearly do have safe and accessible areas within their block.

    Viewing 4 replies - 1 through 4 (of 4 total)
    • Author
      Replies
    • #13062
      Billen Ben
      Flatchatter

        daveylicious said:

        I was hoping to get some advice / assistance in regards to identifying where the currently allocated area for the bins to go is, and if we have any position to argue that the bins should not go in an area which we feel impacts on ourselves and the value of our property.

         

        Here is a little story, a true story, that may shed some light on owners rights.
        In our SP an owner purchased a unit only to find the OC had an “unapproved” cemetery next to the unit. The Local Council had approved a site but the OC had never asked for it or passed any motions to approve the use of that area of common property as a cemetery.

        There were numerous CTTT cases and the SP was ordered to pass resolutions to formalise the cemetery area as CTTT stated the area had never been formally approved.

        The OC passed the resolutions but then the 3 owners whose units adjoined the cemetery area were  involved in several more CTTT matters in which they claimed they were disproportionately disadvantaged by the fact the OC could pass resolutions that put the cemetery next to their units. Ultimately CTTT allowed the cemetery to stay and bodies get buried between 5m and 30m from a unit boundary; even though the Council has a 100m setback rule.

        It isn't garbage bins outside the window but the moral to the story is that in a strata plan the OC can pass motions that disproportionately disadvantage some owners and get away with it; CTTT cannot be relied on to correct these matters and District Court costs too much for many people.

        You have a position to argue, as did the lot owners next to the cemetery but the OC can pass motion/s to create an area for the bins outside your window. If they do you may find you can win a CTTT battle but you may also find you can lose.

        If there is good harmony in your block you should be able to negotiate a satisfactory outcome that suits everyone.

        #13063
        struggler
        Flatchatter

          Being near the bins may not be a huge negative.  Many people would be happy to just rush out and put their garbage in the bin.  Many of my neighbours put their rubbish in their cars and drive it to the bins (too far to walk).  Though half of them have gone to their cars after work to find their stinking garbage still sitting there!

          I live near to our garbage bin area.  But I knew this was the case when I purchased.  I would suggest to you that, should this area near your unit be the new spot, that you perhaps ask the BC for double glazing to reduce the increased noise?  You may also need to consider blinds (shutters work well at reducing noise I have found).  I would also insist that, should it not be done already, that the bins be regularly cleaned and disinfected and that a screening wall be put in place. 

          I would agree that there is some noise associated with being nearest to the bin area.  However, if I had to choose again, would take the bins as neighbour any day.  I know what noise to expect from this.  Rarely does anyone put their gargage out at night here. Who knows what noise I would have if I had someone living on that side! 

          #13089
          daveylicious
          Flatchatter
          Chat-starter

            Thanks for the responses.

            From the sounds of it we need to wait and see. The proper and proposed solution would see the bins moved away from our window, but given that the solution costs money, it probably won't happen for quite some time.

            As it happens, people do use the bins at night, after midnight for that matter, and have gone so far as tipping a crate load of bottles into the bins at that time.

            Still, the main concern for me is that we didn't buy the apartment with the bins in their current location, and if they were there we perhaps would not have bought the apartment, or would have been in a better negotiating position.

            #13090
            Jimmy-T
            Keymaster

              It’s a bummer, OK. But I wonder how much it would cost to build a timber and steel platform for the bins next to the ramp (rather than a major concrete construction).  Somebody somewhere will have a smart solution to this so hang in there and don’t give up on getting the bins moved (without losing any sleep over it, though). 

              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.
            Viewing 4 replies - 1 through 4 (of 4 total)
            • You must be logged in to reply to this topic.

            Flat Chat Strata Forum Common Property Current Page