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Well, the owner just went ahead and built his deck, removing the garden wall based on the ordinary resolution. It was quite shifty actually. He notified all owners at 7pm to say that work would commence the next day. The strata manager insists the removal of the wall has been approved despite no special resolution being passed. Looks like its Fair Trading and a formal complaint against the strata manager.
Thanks Jimmy. If the matter is finally resolved I’ll complete the post with the outcome.
Thanks very much for your detailed reply. I’ll take it up again with the OC and new strata manager.
I should clarify, the owner is not claiming exclusive use just using the area as if it was his personal patio.
I’m surprised at your previous post. The items are not creating an obstruction. I was under the impression that items could not be left permanently on the common property at all, obstruction or not. I realise we can all use the common property but to leave furniture there permanently I thought a no-no.
Some residents park their cars in the garage area in front of garages, not in marked parking space. So unless there is a specific By-law prohibiting this than its okay so long as there is no obstruction.
I’m flabbergasted!!
When you say permanently installed do you mean fixed to the ground? The furniture items etc are left permanently on the common property.
If that is not a problem then does that mean he or anybody can fill an area of common property with whatever they like so long as the items are not permanently installed/ fixed to the ground?
Thanks
Thanks for your reply.
I see your point. He uses it as a patio at all times of the day and night. The rest of us are unlikely to use it because it would mean sitting outside his living room door and door length windows.
My problem is that he leaves his belongings, as stated above, on the property.He’s never sought authority to do this. The area is right beside the main entry pathway and main entry door to my part of the block.
My concern is not only the BBQ odours but that the area would look better cleared in terms of the appearance of our building so as to present a neat entry way to my unit. I don’t and can’t object to him using common property but its mainly the fact that he leaves his furniture etc on the common property.
Our bylaws are the standard pre 1996 bylaws from the 1996 Act. What bylaws do you think I could insist be enforced in this case?
Thanking you in anticipation.
One of the units which received the exclusive use right was also given the right to build a 40 square metre deck in the area, which represents a major impact on the unit above considering the area was previously unused.
Jimmy T thanks for your advice. The fan replaced one that was already there although I’m not sure if the previous owners had permission to install it. Its set into a false ceiling and may not be ducted. Anyway I’ll follow your advice. Thanks again.
p.s. I’ve heard you on James Valentine’s program – always informative.
Jimmy T- the act that sets out our by-laws does say “must not create any noise … likely to interfere with the peaceful enjoyment of an owner…”. So I guess I just bring my problem to the attention of the strata manager and have him deal with it. How does that sound?
Thanks for your interest and direction.
How do I get a copy of our by-laws? I’m a real novice when it comes to things strata.
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