- This topic has 6 replies, 4 voices, and was last updated 13 years, 3 months ago by .
-
Topic
-
Hi all
Just after more of an opinion I guess as what I'm proposing is not actually allowed…
I live in a duplex on a survey-strata lot (there's 4 'duplexes' in a row all facing the street, not villas), have a shared carport (although my side is my own, not common property) and shared driveway which is common property. My neighbours chain smoke and entertain in this carport, etc but I'm now installing carport divider and fences that fit within my local council's rules.
The divider won't completely block my view of them, nor their smoke as I can only install to a length of 5 metres, but I propose to put a raised garden bed (the colourbond above ground vege garden kind) on my side at the end of the divider. As this is common property I am not technically permitted to do this, but about 1.5 metres out from the end of their carport the neighbours have a scrap/junk car (ie hasn't run for 10 years, flat tyres, unregistered 'gunna do-er-up' project that never will happen) which is technically on common property.
Now if the neighbours were to complain about this innocuous little garden bed I'm assuming that I wouldn't have any problems considering that they have the scrap car on the equivalent part of 'their' side?
Also, I'm a little confused as to who enforces by-laws, etc if not local council?
Thanks for reading
-
Replies
-
If you are live in a strata (ie you all put in levies to take care of common property) then the Executive Committee and Owners Corporation would be responsible for ensuring by laws are observed. Everyone who owns in strata make up the Owners Corporation. Also, individual owners can take other owners to task regarding compliance with by laws.
I would not be putting something on common property because someone else is. They could take you to task over this garden. Their junk car is not a permanent fixture ie something that can be moved easily even if your neighbours aren't. Don't be putting up a raised garden bed with stakes into the ground securing it. Could be viewed as a permanent structure. If they object to the garden bed and complain, they can have their car towed away overnight and leave you with the permanent fixture. They win! Why not put pots along this area. They, just like the car, are not permanent. Someone gets picky, you can move the pots overnight. Otherwise, do the right thing, even if your neighbours don't and get permission to build this garden bed.
If you do something because your neighbours have, then the other neighbours might do the same and it may not be something as nice as a raised garden bed. And then the next neighbour might do something else then you end up with a hodge podge look, very unappealing. If this car is on common property, about time someone does something about it before someone gets injured due to the car being there and sues your strata for injury/damages.
Very helpful and constructive Struggler, NOT. You are a long-time Flat Chatter with oodles of strata experience, I see; why not suggest a fast, practical solution for this poor resident who has been suffering inconsiderate, anti-social behaviour for some time it seems.
Why can't these people be made to move the car and stop their smoking and gatherings on Common Property? They must be breaching several by-laws to do with behaviour and Common Property, aren't they?
Unexpected Leigh said:
Very helpful and constructive Struggler, NOT. You are a long-time Flat Chatter with oodles of strata experience, I see; why not suggest a fast, practical solution for this poor resident who has been suffering inconsiderate, anti-social behaviour for some time it seems.
Why can’t these people be made to move the car and stop their smoking and gatherings on Common Property? They must be breaching several by-laws to do with behaviour and Common Property, aren’t they?
I am 100 percent with Struggler on this. You don't solve a problem by creating another one – that's exactly how strata disputes get out of hand. And, as you'll see, he does suggest getting the car moved.
Also, let's keep the personal abuse to a minimum, please, even if we are all anonymous (apart from me). No yellow card this time but tapping top pocket threateningly — JimmyT.
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 see no personal abuse, just desperation. Nor do I see any practical and speedy solution offered to poor One Powerball's problem and I don't have a solution either, unfortunately. There's no hope for any of us!
So many Executive Committees don't do their jobs properly, Strata Managers don't either, the resolution process is too slow and isn't reliable, and expensive lawyers are required to stand any chance at all of getting a fair and proper result.
To top it off, Jimmy, you are going to water-down the new edition of your very helpful book, Apartment Living. How about a different book about ‘gorilla tactics’ full of stories such as the one in Apartment Living about how residents got rid of the tenants who made the annoying 'chattering noise'; by driving them out by putting super glue in their locks wasn’'t it?
Unexpected Leigh said:
To top it off, Jimmy, you are going to water-down the new edition of your very helpful book, Apartment Living. How about a different book about ‘gorilla tactics’ full of stories such as the one in Apartment Living about how residents got rid of the tenants who made the annoying ‘chattering noise’; by driving them out by putting super glue in their locks wasn”t it?
To quote Mr Zimmerman, “I was so much older then, I’m younger than that now …”
The book was written before Flat Chat was born (in fact it was the reason
The Herald approached us about the column). But along with greater exposure comes greater responsibility and I can’t be seen to be encouraging acts of vandalism … even if they are often bloody effective.But there won’t be any watering down, I hope, just a differnet set of tactics that won’t get me and you in trouble with the rozzers.
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.
Unexpected Leigh said:
How about a different book about ‘gorilla tactics’ full of stories
Jimmy as well as ‘gorilla tactics, how about a chapter on ‘monkey business’, etc.?
- You must be logged in to reply to this topic.