Land grabs and shady neighbours

I posted a while ago about my little back yard and how, by default, it’s become exclusive use because of lack of access.

I’ve since found out that when the builder went into liquidation, a few ‘owners’ to the newly built complex put a fence up that ‘Would Have’ given access to a path down to the garage. SO, I suggested the OC/Strata Manager move to take down that fence & then others can come up to my end of the garden. Of course, my neighbour does not want the fence down as it means I’m walking past her apartment on my way to the garage!. So the fence remains. It’s a SIDE fence.

Now to another issue. (Sorry. I’m dealing with nasty OC and biased Strata Management company).

REAR fence of my little garden area (which is exclusive use by default) is common property.  The owner of the home at the rear built in 2014, & planted bamboo on their side of the fence. The bamboo is now 30′ feet high (6 metres) and has never been thinned or reduced in height. I bought my apartment in 2010. Yard is northerly & received lovely sunshine. Now there is no sunlight to the yard or my two rear bedrooms. My apartment has been affected by the lack of sunlight & I’ve paid for an Engineers report & paid to have the mould treated.

Emails were sent requesting Strata Managers approach rear property owners re thinning & reducing height. Owners of that property refused. Strata Managers & OC obfuscated any further responsibility & stated in an email it’s my issue & I can deal with it if I so choose. NB. Fence is also destabilising the fence. Neighbour at rear has stated builder SHOULD have put up a privacy fence, but as they went into liquidation, they have a DA with council in place to state they can plant bamboo. I can find no proof of this and builder would never have been approved for a 30′ privacy fence. There must be council height restrictions regarding shadow.

Reminder this is a SEPP5  strata complex.

I recently tried to sell the apartment but no sale for 6 months, so new tenant moves in today. Agent provided a letter stating the lack of light to the apartment is the reason for non sale.

So here I am, in my 70s, trotting off to the Land & Environment Court under the Hedge Height issue to request the bamboo be thinned & trimmed back to a height of 2.5 metres & seeking reimbursement of costs.

I’ve served the owner of the rear, free standing property & the Council. It’s listed to be heard in September.

What is your opinion on whose responsibility this is? Is there any responsibility of the OC or Strata Manager or Council?

I’m not happy doing this as its very tiring but needs must.

Wish I could post photos so you could see the issue

• This topic was modified 1 year, 1 month ago by .