Cubby house and basketball hoop on terrace

You’re right to be concerned about this being left too long and your strata manager is certainly erring on the side of caution.

Here’s the thing about “breach notices”.  A Notice To Comply is the only legal instrument you can use in the  Tribunal system to deal with by-law breaches.  It is not a fine, it is a warning – so why would sh send someone a warning to tell them you are going to send them a warning.

Your committee needs to meet and instruct the strata manager to issue a Notice To Comply for each of the by-law breaches.  The owner then has to comply immediately or face action at NCAT which could lead to fines and orders.

I can understand strata managers sending a warning notice as a courtesy to people who don’t know or care about by-laws, just to give them a chance to sort themselves out. But giving them six weeks before proceeding with a first step is ridiculous.

After this is done, you might want to look at establishing protocols for by-law breaches. Maybe one warning with a two-week grace period, followed by NTCs

By the way, your Notices To Comply can only list one by-law per per form but can list multiple breaches of that by-law, if need be.

I will politely disagree with you kaindub. The (live-) by-laws almost always state that the appearance of an owner’s lot be kept in good and tidy condition. Sheds, random plants and noisey basketball hoops surely don’t seem to meet that requirement. Even inside is open to question should an owner have real health and safety issues that are likely to impact other owners. If you can generally see it, you are entitled to pass reasonable comment and seek rectification if you feel to.

The standard by-laws (which, admittedly this scheme might not have) say this:

(1)  The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.

Believe it or not, that has been taken to include clothes drying on a rack INSIDE the apartment but which could be seen from outside. And, please, don’t anyone tell me looking inside someone’s window is an invasion of privacy.  It isn’t, unless it’s for salacious or other illegal purposes.

Ok. Let me be clear here . Firstly , the garden mentioned , has a landscaper come and remove many of existing flourishing plants . The garden was worse than prior to the $2000 contributed !
the private backyard is very large , grass area covering a span of over 10 x 20 M . The cubby erected is not a permanent fixture and is elevated off the grass . It is a $2000 wooden , classy cubby that can only be seen from the outside , due to the steel pst style fencing , which exposes the complete yard!! The basketball hoop does NOT reach the balcony of the unit above as the yard, itself is 4 STEPS, lower than the ground floor apartment . The resident is a 52 year old female , mother of 3 and grandmother of 3 who , babysits often . The neighbours living above her shouldn’t be looking into her yard. The basketball hoop was to be sent to another property , however , due to Covid restrictions , it has been lying down the side of property for the past 3 months . The yard is always maintained immaculately and lawns attended to regularly . When boxes of outdoor furniture were delivered , the same strata committee breached the owner for having boxes on her balcony . It has been an ongoing list of harassment from the residents living above the ground floor apartment . There lies the real facts