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  • #12016
    Wim Jansen
    Flatchatter

      Advice please,
      Previous enthusiastic gardeners have planted native plants in areas that have subsequently blocked the ocean view of lot owners.
      Obviously the affected owners are requesting that the plants be pruned/removed, creating comments such as “no one owns a view”, and even “that tree has been there for twenty years, and deserves to be left alone”.
      Any thoughts or suggestions will be gratefully received.

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    • #30711
      Lady Penelope
      Strataguru

        Wim Jansen – Are the native plants that are blocking ocean views growing on the property belonging to the strata scheme or are they growing on a neighbouring property? 

        #30712
        Lady Penelope
        Strataguru

          If the shrubs have been planted on the scheme’s land then I would consider undertaking the following steps. Please note that I am not a lawyer. I live in QLD so my advice is from a QLD perspective.

          There is no common law right to a view. However, this position may be varied by a by-law to the contrary. 

          If I was in your position I would submit a Motion to be included on the Agenda of the next General Meeting that when approved will create a by-law, along with an Explanation to accompany the Motion.

          The wording could perhaps go something like this:

          Motion

          That, in recognition of the value of XXXXX views to the owners of xxxxxxxxx, that plants in the common property garden and lawn areas, and/or plants in any Exclusive Use areas must not interfere with the view of the XXXXX from the window or balcony of any lot or restrict light entering lots. If this Motion is approved then this Motion is to be registered as a by-law for the scheme.

          Explanatory Material

          The effect of this Motion and subsequent by-law is to ensure that lot owners in the strata scheme xxxxxxxxx do not obstruct the view from, or light to, another lot.

          xxxxxxxxx enjoys a view of the XXXXXX that is many cases is uninterrupted by other improvements. One of the attractions of xxxxxxxxxxx is its view, no doubt factored into a lot owner’s decision to purchase here, and the values of the views are, in turn, reflected in the purchase price.

          These factors are the rationale for this by-law: to protect the view and market value of the scheme.

          A potential purchaser of a lot in xxxxxxxxx would be attracted by the XXXXX view. When undertaking searches before settlement, the purchaser would be comforted in the knowledge that the view is protected by this by-law. 

          It is not the intention to remove the shrubs but instead, to have them pruned and maintained in such a manner as to not obstruct the views and/or the light.

          NB: You would need insert your own scheme’s name into the appropriate xxxxxxxxx and also insert what view you are trying to protect e.g. river, sea, harbour etc in XXXXXXX.

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