Flat Chat Strata Forum Common Property Current Page

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  • #64535
    James79
    Flatchatter

      Hi. Apologies if this has been dealt with elsewhere. We have a tenant who has pot plants (small in size) sitting directly upon the balcony capping. Last weekend a pot plant fell off one of the balconies, the Claim it was not theirs. Either way this brought to light the hazard on having pot plants on top of the balcony cap rather than in a planter. They have been asked to remove but are refusing. How would you address this?

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    • #64553
      Quirky
      Flatchatter

        I’m not sure what you mean by “balcony capping”? is this the balustrade or roof? Anyway, speaking generally I am not sure if you can do anything about this, under the Strata laws, at any rate. You might have by-laws that apply, so you should check those carefully. But if you have the default by-laws, I doubt if any would apply to this situation. And in reality, there is always some risk of objects falling from balconies. While pot plants on the top of the balustrade might increase the risk, whether this is actionable depends on several factors – if the balcony and capping are strata property or owners property, on the design of the balustrade and balcony, if other residents are doing or have ever done something similar, and what is below that area, for example.
        I would suggest you raise the issue at the next strata committee meeting – ask your strata manager or strata secretary to add an item on the agenda about the problem, and see what the discussion results in. Also, in that agenda item, ask that the residents be put on notice in writing that they are responsible should any damage or injury results from a pot from their apartment falling on something or someone below.

        #64558
        Jimmy-T
        Keymaster

          Putting pot plants on balcony exterior walls or balustrades is insane. Chances are that the balcony is common property so the owners corp can (and should) pass a by-law that stops this ASAP.

          Given the probability that we are all going to be suffering more and more extreme weather, including high winds in the future, this should be stopped now.

          I imagine your insurers might be alarmed that your block has potentially lethal plant pots on balconies. And if you think that’s an exaggeration, think about the poor bloke who was killed by a flying gas bottle just two years ago.

          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.
          #64561
          kaindub
          Flatchatter

            It’s a bit of a long shot, but most strata schemes have a bylaw relating to not installing anything visible from outside the lot.

            I’d give this bylaw a go and issue a notice to comply.

            #64563
            James79
            Flatchatter
            Chat-starter

              Thanks for your reply. The capping is the top ‘cap’ on a full brick wall or balcony. Thanks for the info re by-laws.

              #64564
              James79
              Flatchatter
              Chat-starter

                Thanks. Agree. I wonder if there is risk angle to this. WHS.

                #64693
                harmonious
                Flatchatter

                  We have the same issue. A tenant refusing to move pot plants from a balcony wall over a walk way. Many pots have been found smashed on the ground. The WHS inspector didn’t identify it but the strata committee did. Now we feel we have a duty of care to do our best to eliminate this hazard or be liable for not taking action. The action so far

                  – risk assessment

                  – advised strata manager

                  – request via strata manager to owner of lot for removal of pots from wall.

                  Next step is to create a by-law and ensure the owners corporation has done everything they can in a timely manner incase we end up in a coroners court…
                  Definitely following this thread to see if there is anything else we can do.

                  #64697
                  Jimmy-T
                  Keymaster

                    A specific by-law is probably the way to go, that way there can be no quibbling over what rights the owners corp has to manage common or lot property.

                    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.
                    #64809
                    Flame Tree (Qld)
                    Flatchatter

                      Some quick thoughts: a comment from your buildings insurer might add insight and reasoning to the committee’s response, and I wouldn’t think this is the start of the Armageddon, sure a plant might fall but unlikely to do so, unless say the weather is harsh, and the chance of hitting someone is realistically very remote. But that said I do feel you have the right to ask it’s removal if you are overly concerned.

                      #64818
                      Jimmy-T
                      Keymaster

                        sure a plant might fall but unlikely to do so, unless say the weather is harsh, and the chance of hitting someone is realistically very remote.

                        A plant has already fallen from there but that aside, I think insurers work on possibilities rather than than only likelihood.  So yes it’s possible that a plant pot might fall and even if it’s highly unlikely that someone will be walking underneath at that precise moment, it’s possible.

                        As for extreme weather, this very day scientists have declared that extreme weather events are the biggest threat to Australia when it comes to disasters.  If a gust of wind can pick a gas cylinder up and drop it on to a hapless pedestrian, killing him, (as happened in Sydney withing the last year) another blast could easily knock over one or more pot plants.

                        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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