Flat Chat Strata Forum Living in strata Current Page

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  • #8580

    Having read some posts on Flat Chat I can see Strata life is not for the faint-hearted. I recently retired and purchased a unit in a group of 5 in the south west of WA. My son, a FIFO worker leaves his car in the carport because I don’t have a car but use his when he’s away. When it’s particularly windy, bore water from a neighbours sprinkler blows over the fibro fence and spots the car. I asked the neighbour if there was anything that could be done to prevent this happening and was told it’s my problem and the water also hits their car and lounge room window occasionally but they just wash it off.   Can anyone enlighten me on this topic? Apparently I just missed the last AGM. I’ve heard from another neighbour that most would agree with the other owner and it’s ashame it was over-looked during pre-sale building inspection. If it were my car I’d probably cover it but my son doesn’t like using car covers because of the inconvenience plus being a windy, dusty area scratches can occur to paintwork under the cover. Potted plants in carport were suggested to block the spray but that could prove problematic with the wind too. Thanks for any suggestions before a wayward sprinkler causes a tsunami.

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  • #17298
    Whale
    Flatchatter

      No doubt one of the more unusual posts I’ve read, and maybe that’s why you’ve had no responses as yet.

      Here goes……as you expected that the sprinkler problem would have been picked-up in a pre-purchase inspection I assume that those sprinklers are of the below ground gear driven pop-up variety. That being the case, most pop-up sprinklers have an adjustment to limit flow, to alter the spray area, and the ability for the nozzles to be swapped over to provide different spray patterns – just like variably adjusting a hose nozzle from a fine spray to a jet.

      Even if the sprinkler’s not “fixed”, as I remember WAWA’s roster system none may be used between 9am and 6pm, so the “doctor” should have calmed and the chance of over spray reduced by the time that sprinkler use can legally commence (sorry, I forgot the forum’s no acronym rule; WAWA= Western Australian Water Authority).

      Surely your neighbour would be amenable to either making those sprinkler adjustments or having them done by a irrigation contractor to make better use of WA’s groundwater resource; after all cars and lounge room windows don’t suffer from an absence of water.

      #17299
      Jimmy-T
      Keymaster

        Bizarrely, I had replied to this but it must have been lost in the ether.

        Someone spraying your car even by accident is a problem that they have to deal with – the fact that they don’t mind doing it to their own car or their windows is of no interest to you.

        It’s hard to ask someone to be a good neighbour when it clearly hasn’t occurred to them that this may be their fault – or that they have to change their behaviour –  but that’s what you have to do.

        Follow Whale’s advice but if that doesn’t work, start sending them bills for getting your car washed, see if that does the trick.  And have a word with your strata manager or EC.  There’s almost certainly a by-law being breached here and the neighbour has to take responsibility.

        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.
        #17302

        Thanks Whale and JimmyT. I did ask the neighbour if the sprinkler could be turned down so less was coming over the fence onto the car but was told it wasn’t possible and if if it was there’s so much water floating around it’d be impossible for the car to remain completely dry. The sprinklers go on about 6.30am and when there’s a strong southerly breeze the car gets covered on one side. I don’t think I have what it takes to fight over these things either directly with the other owner or at a meeting. I’m thinking I made the wrong decision buying into a strata. Asking for everyone’s permission to have something like an evaporative aircon installed to changing the style of house numbers, seems such a drag.

        #17305
        Whale
        Flatchatter

          Silverslueth – you don’t need to become Superslueth in order to deal with your neighbouring Owner and their sprinklers. Believe it or not, one of the advantages of living in a strata community is that you have a representative body of your fellow Owners called an Executive Committee over here in the east, and from what I’ve quickly researched a “Council” in WA.

          More than likely, your Strata will have engaged the services of a Management Company to assist your Council in its management of the Strata. So your next step should be to approach that Management Company, and specifically their representative who deals with your Strata, or if by some chance your Strata is self-managed by its Council, then you should approach its Secretary.

          Explain the problem with the sprinklers and the attempts that you’ve made to resolve it, and ask for the intervention of your Strata Management representative or your Council. Your Strata will have standard By-Laws and may even have registered additional By-Laws covering watering; you won’t know ’till you ask. The over spray may even be affecting Common Property as well as that forming part of your residence, and that too would be of interest to your Council.

          If intervention doesn’t resolve the problem, then your State Legislation provides for a process of independent mediation and Orders to comply as a last resort

          So you don’t need to be Superslueth and take the fight directly to your neighbour, but rather just follow the well proven and documented procedures, remain at arms length, and enjoy your new home.

          #17307
          Boronia
          Flatchatter

            Is the “neighbour” an adjoining lot, or adjoining property ?

            #17309
            Jimmy-T
            Keymaster

              Whale has a point (which Boronia is edging towards).  This isnt a problem with strata – it’s a problem with people.  If the neighbour is on the same strata scheme, you should get the support of the managers or secretary in dealing with him.  If he’s on a separate property, as with being on an separate title yourself, you are on your own.  Strata living isn’t the problem – it’s the solution.

              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.
              #17310

              It’s a strata plan and there’s a parapet wall between the other owner and my place. I spoke with the SM and was told it’s up to me to erect something (at my expense) to prevent the water blowing over to my carport but all the other owners have to approve of material to be used, design and colour etc. The excess water just runs onto the road and our individual driveways and in my case, carport.

              #17317
              Jimmy-T
              Keymaster

                Your strata manager is wrong.  Let’s put this another way, if your neighbour was spray-painting his car and paint landed on your car, would it be up to you to erect screens to prevent this.

                Or if your neighbour was chucking dog poo into your garden, would you then have to erect a poo-fence?  The strata manager sounds like a typical “not my problem” merchant. 

                Strata is in its infancy in WA and that means you are going to get inexperienced and uneducated strata managers who still have their heads stuck in quarter acre blocks.

                Have a look at your by-laws and what is says about interfering with other people’s lots.  Then go back to the strata manager and tell him the rest of Australia says he’s wrong.

                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.
                #17320
                Whale
                Flatchatter

                  Silversleuth – Jimmy T’s right; don’t let a lazy and/or inexperienced strata manager snow you. Here’s a worthwhile link to guide your actions now and in future.

                  #17325

                  Thanks Whale and JimmyT for all the advice. I’ll have to try and sort it in new year. It’s not something I’m looking forward to though! It’d be better if I could collect the water and use it for pot plants.

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