Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #8582

    I am  a new apartment owner. I recently bought a planter which is designed to hug the balcony rail, filled it with soil and planted portulaca, which will grow down and cover it.

    I have been asked to remove it as it may blow off and cause danger to someone below.

    The balcony is windy but the weight of the pot and the soil make this an extremely unlikely event, and i would think that small pots on hooks on balcony walls would be more of a hazard.

    is there anything I can do?

Viewing 7 replies - 1 through 7 (of 7 total)
  • Author
    Replies
  • #17293
    Whale
    Flatchatter

      Whoever it was that asked you to remove the planter does have a point, as over time its points of attachment to the balcony railing could deteriorate and you would never know until the unlikely event occurred.

      Why don’t you attach the planter to the inside of the rail, as in that way its aesthetic benefits would remain and if the unlikely event occurred the planter would only fall onto your balcony?    

      #18555

      Hello,

      I have these rail hanging pots off my balcony and of course one housed an Aloe Vera plant which just grows until it takes all available space. So smart me turned it around so the other side could get the sun only to find it on the ground a couple of days later as it had bent the rail. I understandable got a letter asking me to remove the pots from my balcony as the OHS and danger issues with them. Of course strata were onto me asking me to remove all my rails/pots stating I needed written consent from the owners corporation to approve anything viable from outside the lot, viewed from outside the lot, is not keeping with the rest of the building. I then called asking if I was the only person receiving this letter, the strata manager advised me that 10 other residents had been given a letter to remove pots or anything sitting on the ledge. So I moved my pots the other way around so they were hanging inwards.

      A week went by there were 4 residents with my set-up had yet to move there pots. Also a former committee member had shells and pots not on rails balancing on the rail. So I put my plants back over and waited. Received another letter to remove or could result in a $550 fine. I called the Manager and apologised and moved plants inside. Month went by none of the others had moved their plants. I called the manager asking about these residents and of course about the former committee member he took down the unit numbers and said he would send a letter to them. To date none have moved their pots.

      I don’t want to ruin it for the other residents though just feel unfairly picked on and lied to by this strata manager thinking ok put this letter there forcing me to comply and no one else. I don’t know what to do can anyone give me advice on what to do in this situation? Can I call for legal advice?

       

      Thank you you help in this matter would be grately appreciated!!!

      Heather

      #18577
      Whale
      Flatchatter

        Hi Heather – If there were originally ten (10) residents written to by the Strata Manager about removing their potted plants etc, and half of those (including you) haven’t complied, then you could hardly claim that the Strata Manager is forcing only you to comply!

        Just do the right thing yourself, and keep in contact with your Strata Manager (who works for you by the way) to make sure that he follows-up to ensure that the other four (4) owners do likewise.

        #18581
        kiwipaul
        Flatchatter

          I do believe you are in the wrong putting planters their, but also the SM should apply the rules equally to everyone, and not selectively.

          I’d be inclined to photo the offending balconies stating that SM need to take action within 7 days, or you will resume putting your planters back outside.

          Bear in mind generally the SM dosn’t make the decision the EC or OC do as the SM is really a Strata Administrator.

          If you do get issued with a NTC your photos of others being allowed to ignore the rule might count on your behalf. I’m not sure if they can apply NTC selectively and get away with it.

          #18611

          Hey Whale,

          I agree they are dangerous and I was shocked when I saw it had fell. I didnt realize that it would fall seriously however since the letter my plants have been placed inside my balcony and true they are ugly looking from the outside! Laugh.

          Though whats annoying me is the strata manager is only forcing me to remove my pots it appears. I called the manager and said theres others with the same rail hugging pots and he responded nicely and advised he would send letters out to them. To date they haven’t no one has moved theres and its been four months. I believe he’s lying to me to please me hoping that I will let it go . What should I do? Are my rights being abused? Are there different rules for renters and owners? I just feel I cant let this go.

          Thank you for answering…

          Heather

           

          #18613

          Hey Sally,

          Alot of people here in my complex have rails drilled into the brick on the outside of there balconies to hold their pots securely. Check your garden store they might have something similar. Our strata appears to have no problems with that setup so you can always check your see if yours will allow it.

          Cheers, Heather

          #18616

          Hey there,

          Thanks kiwipaul/whale for your advice, I will call the SM about my issue again  and see what he says. Laugh

          Good site, thanks for the advice!

          Heather

        Viewing 7 replies - 1 through 7 (of 7 total)
        • You must be logged in to reply to this topic.

        Flat Chat Strata Forum Common Property Current Page