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  • #7403
    birdgirl
    Flatchatter

      We have a long standing problem with a resident who feeds birds on his balcony, and the excrement fouls the outside of the building.  Also, it results in the resident below being unable to use his balcony because of the … well, crap. Birdman has been written to in the past, and the new committee has an Order to Comply in effect, well to no effect.  We're about to have the building painted, after 15 years, and don't want his habit to continue.  Concensus seems to be that pursuing this with CTTT is pretty futile, so we are looking at putting up a new by-law.  Does anyone have an effective bylaw in place for this problem? 

      Cry

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    • #12849
      Jimmy-T
      Keymaster

        Had the same problem – one nuisance owner attracting flocks of nuisance birds.

         

        We recently updated our by-laws to include this among a raft of regulations:

        5      Your Lot

        What you must not do

        5.2    You must not:

        (e)        feed wild birds on or from any balcony;

         

        Once that is passed, notices to comply can be issued with reasonable certainty that the CTTT will support them and impose fines where necessary

        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.
        #12853
        birdgirl
        Flatchatter
        Chat-starter

          Sounds so easy!  Thanks a lot.  AGM in July to action this.Cool  Birdgirl. 

          #12960

          This problem is not so uncommon.

          We suggest that rather than spending $99.50 (new fee effective 1/07/11) registering a by-law and then having to spend owners corporations funds in imposing the by-law, you may want to put up a “bird scare owl” which will keep away the birds and only cost $40 – CLICK HERE

          Yours faithfully 

          Simone Balsara

          Lawyer

          ———————————-

          TEYS Lawyers

          The Strata Law Experts

          02 9562 6500 or 1300 TEYS LAWYERS

          simone@teyslawyers.com.au

          https://www.teyslawyers.com.au

          #16358
          birdgirl
          Flatchatter
          Chat-starter

            Eventually we went to Mediation with Birdman, didn’t work, then to CTTT. Member at the hearing asked him directly – will you give me an undertaking to stop feeding the birds?  Response YES.

            Hearing adjourned.  Birdman stopped feeding the birds.  OC took up option to withdraw the application for penalty, as alternative to proceeding to the adjourned hearing. 

            Guess what?  That’s right. 

            #16359
            birdgirl
            Flatchatter
            Chat-starter

              Confusedthe bird-scaring owl might work if it was on his balcony, but  I don’t think he would go for  that!  What is the effcetiveness range of such owl?

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