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I like your article published on afr.com this morning about green credentials (or otherwise) in apartment buildings.
The apartment complex I live in (in Surry Hills) has a rule in its constitution that bans washing from being dried on balconies. Which pretty much enforces the use of electric clothes dryers for each of 169 apartments.
Aesthetically appropriate, but how much less green can you get?
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Does anyone ignore the rule and, if so, does the rule get enforced?
In the ACT such a rule would be of no effect because the Act invalidates rules that have the effect of banning the installation of ‘sustainability infrastructure’ on common property. In my opinion, an ACT rule that specifies a style or type or location for clothes lines might be valid but not an out-right ban.
I can’t help thinking that if people can challenge an anti-pet by-law at NCAT for being,”harsh, unconscionable and discriminatory” then drying your washing would be a starter too.
You could always organise a “laundry resistance” in your building, with a concerted campaign with like-minded residents defiantly airing their undies along with their grievances.
But seriously, there will be others who feel just as strongly and if you all dry your laundry on the same day, then your committee will have to take all of you to NCAT – otherwise th e actions would be discriminatory – where there’s a chance you could get the by-law either altered or struck down.
Surely there’s a compromise, such as only forbidding it on certain days and times (like real estate open house days) when you might want the building to look its absolute best (although I don’t mind a bit of laundry flapping in the breeze to remind me that the world hasn’t gone completely insane).
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.
I totally disagree with the sentiments above. We have a no laundry above balustrade height bylaw here and it works well. What you want to avoid is the Chinese laundry ala Hong Kong style mess. It’s not forcing folks into only use clothes dryers but to avoid those high positioned Aldi wall hung permanent strung ones. You can’t control who perpetually will have laundry hung or how much is out, how many are out and most usually looking horrible. I’ve lived here for 3 years now and use one, sometimes, two collapsible temporary wire clothes air-ers. I still own my electric but just never need to use it.
So both Houses of Parliament in NSW have passed the Sustainability Amendment to the Strata Schemes Management Act, however, it has not yet been proclaimed or received Royal Assent.
Any idea how long this will take as we are hanging out ( no pun intended) to install a clothesline but to date the developer of our 14 unit block has always voted against it as he still hold 27% of the lot entitlements and although it seems extraordinary, installing a clothesline on the common property currently requires a special resolution where no less than 27% of lot entitlements vote against the resolution.
Congrats. Patience is a virtue and virtue is it’s own reward (but not as much fun as stickin’ it to the man).
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.
Section 28 of the Regulations specifies the installation of a clothesline as a minor renovation.
But be warned, that section also carries this small print: “The work prescribed by this clause is subject to the requirements set out in section 110(7) of the Act, including requirements that it does not involve structural changes, changes to the external appearance of a lot or waterproofing.”
110 (7) says
“This section does not apply to the following work:
(c) work that changes the external appearance of a lot …Given the fights you have had over this, be ready for your resident bush lawyer to say that this changes the external appearance of a “lot”. To which you will reply – “it refers to a lot, not common property, so bite me!” Or something more polite.
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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