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We live on the ground floor of an apartment block. Our balcony and bedroom window backs onto a small grassed communal walkway leading to one other unit that also has their balcony and two bedrooms that outlook to the same grassed area on the ground floor of the building. There are no fences.
When we purchased the Ground floor unit off the plan, we had the builders include a balcony gate in the center of the balcony to allow access to walk out onto the grass area to the communal clothes line. At some point over the past 30 years after the original build, the unit next to us has also had a balcony gate installed, however it is not uniform to our gate position, it is also located 910mm next to our bedroom window. The occupants use this as their front door. So therefore we constantly have the occupants, their kids, their family, their friends, the neighbours kids, congregating less than a meter from our bedroom window, talking – yelling, having parties where they stand around the gate – which means they are constantly standing infront of our bedroom window and not infront of their own balcony (and their bedroom windows are around the corner on the other side of the building).
We are certain that there are two issues we have grounds to fight here:
- There is no way the gate could’ve been ‘approved’ when it was installed as it is not uniform with the only other gate on the outside of the building
- There must be some kind of law or regulation that states a gate/doorway/thoroughfare cannot be located this close to a bedroom window of a neighboring unit
Is there anyone that can help us? Our strata people are saying they are going to take it to the committee but if 4 people vote against moving it, we are stuck with our bedroom window being used as their front door. Our next course of action is going to the council for building inspection. Any suggestions?
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