Flat Chat Strata Forum Common Property Current Page

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  • #39266
    Tiaeki
    Flatchatter

      Recently we received a notice from the Owners Corporation stating that we were in breach of the  by-law related to ‘damage to lawns and plants on common property’ which states that ‘an owner or occupier of a lot must not (b) use for his or her own purpose as a garden any portion of the common property’.  So, what is the definition of ‘use’:
      1. is it ‘use’ that prevents others from accessing the common property by way of locked gates, a fence?
      2. is it ‘use’ by digging the ground and growing plants that prevent others from walking across the common property?
      3. is it both or something else?

      Thanks.

    Viewing 4 replies - 1 through 4 (of 4 total)
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    • #39301
      Jimmy-T
      Keymaster

        It would help greatly if you could explain why you think they have issued you with a breach.

        I don’t think there is a universally applicable legal definition of the word “use” so you’ll have to help us out.

        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.
        #39320
        Flame Tree (Qld)
        Flatchatter

          The (live)-bylaws keep everyone in check for everyone’s benefit. If one gets away with something it can then be used as a precedent for others who also want the same. A little encroachment usually slips by but when someone says something, or it’s obvious you are stretching the friendship in others eyes they do need to say something. Paper wars are the lesser way to go about it, so maybe invite someone over to walk through exactly what their concerns are. Doing so may help you to save a little more of what you’ve got there thus far.

          #39424
          Tiaeki
          Flatchatter
          Chat-starter

            It is a situation brought about by an owner who rents out AirBnB rooms in her apartment and it seems, on the face of it, is trying to discredit the long-serving Secretary. The Secretary (and the Strata Committee) has opposed the AirBnB host moves to put seats on the common deck (presumably so her AirBnB customers can bask in the sun). There is a narrow laneway on side of the apartment block that once was a place to dump used condoms, syringes etc. The Secretary has rehabilitated the laneway which is now lined with garden pots and a couple of worms farms. Recently the Secretary received a notice stating that she was in breach of two by-laws: obstruction of common property; and damage to lawns and plants on common property – an owner of a lot must not (b) use for her own purposes as a garden any portion of the common property.   Residents are still able to use the laneway (very few do) as the pots and worm farms are on one side, and I don’t believe that the laneway is being used by the Secretary for her own purpose, hence my question about ‘use’. Thanks.

            #39451
            Jimmy-T
            Keymaster

              Who issued the notice?  Surely the committee would have addressed this before it was sent out.  Or is this one owner getting the strata manager to do his or her dirty work?

              My advice?  Tell them to stop being rificulous and take it to Fair Trading and NCAT if they feel so strongly.

              Meanwhile get permission from the committee for the pot plants and worm farm to remain exactly where they are.  And gee up some support from other owners too.

              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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