We groaned last week when we saw the furphy repeated, yet again, that there is a state law to stop people drying their laundry on their balconies. In fact, there are only two mandatory strata by-laws in NSW – all other by-laws are decided by you, the owners.
The first non-optional by-law says you can’t ban guide dogs for the blind, the other says you can’t ban children … unless the strata community is specifically designed for the over-55s. Even then, there’s always someone ready to exploit a loophole.
QUESTION: I live in a complex that was built under State Environmental Planning Policy No 5 which provides strata accommodation for older people and people with a disability.
It states that at least one person living in each dwelling must be over 55 or have a disability that means they can’t lead a full & active life. But we have residents who are neither over 55 nor disabled, hiding behind the “privacy act” to avoid having to state their disability.
Meanwhile they are breaking by laws and disturbing others with continual noise and bad behaviour.
I and many others are continually frustrated by this now and if this situation is not remedied it could make our senior years unbearable. We have tried all normal channels and received no help.
I believe this problem needs to be made public and fixed as more baby boomers will seek this type of accommodation in years to come – Golden Oldie.
ANSWER: This problem isn’t helped by the fact that some developers have used this provision to by-pass normal planning restrictions, building apartment blocks allegedly for the elderly and infirm … except they often have stairs but no lifts or ramps.
Either way, somebody’s taken their eye off the ball.
All I can suggest is that you go through your by-laws and look for every breach you can reasonably prove, then get your executive committee to hit your young and restless neighbours with a “notice to comply” for each and every one of them. Breaches carry fines of up to $550 and it may be that a kick or two in the hip pocket may work where appeals to common decency have obviously failed.