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I have this investment unit where the ground floor units decided to grow hedges ( I think for privacy reasons). As an investor I would like to argue that it takes away the charm, appeal and value of the block. I would think that hedges must have gaps so the landscaping is visible. Do I have a sensible argument?
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Depending upon whether the area where the hedges have been planted is the Common Property of the Strata Plan or part of the Lot/s (Unit) such as 'garden space”, the following By-Laws apply under the provisions of the (NSW) Strata Schemes Management Act 1996:
4. Damage to lawns, etc on common property
An owner or occupier must not damage any lawn, garden, tree, shrub, plant or flower on the common property. You must not use any part of common property as your own garden.
17. Appearance of the lot
Unless an owner or occupier has the written permission of the owners corporation, they must not keep anything within their lot that is not in keeping with the appearance of the rest of the building. This does not apply to the hanging of any washing, towelling, bedding, clothing, or other articles mentioned in By-law 10.
Hope this assists.
Good point, Whale.
But just to clarify to other readers, the “Model” by-laws only apply to your complex if you adopted them or if they were the ones in the Act at the time your strata plan was registered and your OC didn't adopt any specific by-laws.
These by-laws may well apply to your complex but you shouldn't assume that they do. Check your own by-laws … they can and do differ from building to building.
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.
The Model By-Laws were in place from 1996 to 2010, so it's most likely that they would apply to your Scheme; and as you've confirmed, they do.
So what to do?
Rather than approaching your fellow Owners directly (I assume they're all Owners), I'd adopt the sensible argument that you suggested.
Ask your Strata Manager or Executive Committee Secretary to write to the individual Lot Owners concerned, and advise them that for reasons of maintaining the Building's appearance to the benefit of every Owner, and to comply with the Plan's By-Laws (if the Lot Owners have themselves planted anything) the Plan's Contractor will be trimming the hedges. Maybe ask them if they have any preference regarding how that trimming will be done; as a point of negotiation / conciliation.
If that approach fails, speak with all the other Owners, and if they feel the same way as you do put the above as a Motion on the Agenda of your Plan's next General Meeting. If your AGM is too far away and / or if the majority concern is important (i.e. to you and the other Owners), ask the Secretary to convene an Extraordinary General Meeting (EGM) as soon as possible and put your Motion there.
Good luck!
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