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  • #11652

    We fitted child safety nets to our high rise balcony 10 months ago, using a licensed builder to install them, who was recommended by the supplier. We understood that as this was a child safety devise we did not have to seek permission to install them, although we did send an email to the strata manager beforehand stating our intention and the relevant by-law  ( in our case 7b- usually 5b: Our building has the new strata laws and is a new building)  This email was acknowledged by the strata manager, as was the bylaw. Now with no other mediation or discussion we have been given a failure to comply stating we have damaged common property.  (penetration through membranes and structure of the building) and breached the architectual code. According to the supplier this is the first time a failure to comply notice has been issued in NSW since they began supplying nets in 2011.

    At no stage has anyone seen or inspected the safety nets in any way. The child safety nets can only been seen if the sun is strong and the netting shimmers. I have taken photos in all light and angles and cannot see the nets from the street in these photos. 

    We offered many times to provide photos of where it is attached, installation drawings  and offered to have a building inspector look at it as we are sure they are attached with minimum surface damage that can easily be returned to pristine condition when the nets are removed finally. The supplier has assured us the nets have been designed to create no permanent damage. The supplier also provided a letter explaining the product, the installation process,  the installers qualifications and the number of nets fitted so far in NSW with no damage and with no long term strata issues. .  We were also given advise that the strata law regarding fitting a child safety devise overrules the other strata laws regarding common property, appearance and damage. 

    However we still have our failure to comply notice.

    What are our rights? Should we just take this to the tribunal or wait until the Strata committee does so or should we continue to try to mediate with the strata manager. Has anyone had similar experiences?

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