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The small rear courtyard of my townhouse faces northwards toward higher ground. The courtyard is of course slightly below my floor level so that it will never flood my loungeroom.
A few years ago, my eastern neighbour decided to “style” his small rear courtyard. The stylist decided to raise the ground in his courtyard to his floor level which is the same as mine.
More recently, the OC decided to tart-up a path which runs along the west side of my townhouse and courtyard. They raised the path which is now well above my courtyard level and also slightly above my floor level.
These changes have not only made my courtyard look sunken but have also destroyed its natural drainage. There is a risk of rising damp along the wall of my loungeroom. Worse, there is a risk that a roof or gutter failure during heavy rain might flood my courtyard and overflow into my loungeroom.
What is my remedy for this? Can I ask NCAT to order the OC to lower the footpath? What about my styled neighbour?
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I’m guessing here but I would say your remedy lies with the local council who should have been consulted before either project was started. Changing the drainage profile of a multi-dwelling scheme is a pretty serious matter and the council may order the OC and neighour to do something about it.
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.
Tahiti’s heat and humidity hasn’t affected you Jimmy, because for what it’s worth I agree with you to the extent that if any changes on common property or lots affects the overland flow path of the property’s stormwater or the effectiveness of its inter-lot stormwater drainage, then all runoff should be collected and re-directed to the site’s stormwater system.
chesswood‘s first remedy must be to formally raise the issues with the Owners Corporation, and if that doesn’t (or hasn’t) achieve the desired outcome then an approach to Council can’t hurt, because as a minimum they may lean on the O/C and the neighbour to address the stormwater problem.
I’m becoming even more disillusioned with the effectiveness of the traditional means to resolve strata-related disputes in NSW (i.e mediation by Dept. Fair Trading and where necessary adjudication by the NSW Civil and Administrative Tribunal), and so I’ve again confirmed with the NSW Dept. of Justice that it’s Community Justice Program is still able to assist with mediation component of the process despite Service NSW instinctively directing inquiries to Fair Trading.
I too am becoming discouraged by some of the decisions coming out of NCAT which seems to be even more anti-individual than its unlamented predecessor, the CTTT, in its “Send In The Clowns” days.
As soon as I get back to Australia, I plan to start asking the Attorney General’s office how they can justify some of the stupid, unfair and ignorant decisions that have been coming out of this department that now comes under their aegis.
If any of you have any examples that you think are beyond reasonable explanation, please drop me a line, either online or via mail@flatchat.com.au and I will get back to doing what we started in Flat Chat 11 years ago – kicking ass and taking names.
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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