Question: Is my landlord or the strata obliged to provide tenants with access to all common areas? We have no access to the common area rooftop. I rent in a block of 42 apartments. Although there is a common area on the rooftop, not every resident has been given a key. Is my landlord…
Question: The Owners Corporation is undertaking remedial waterproofing on a common property rooftop terrace which is included in our title. They have asked us to move our large pots and spa. Shouldn’t this be there cost? The Owners Corporation is undertaking remedial waterproofing on a common property rooftop terrace which is included in our…
Question: A lot owner has carried out works on his balcony and installed air conditioning without approval. What steps should the OC take to protect themselves? An owner has tiled his balcony and installed air conditioning with a visible compressor sitting on the balcony. The owner has not obtained permission and we do not…
Question: My new neighbours in the unit above uses incense in their unit every day. The smell fills up my unit and in the public passageway. What legal rights do I have? Is it all right to get the police involved? Answer: BBQ smoke, cigarette smoke and possibly incense smoke drift could potentially be…
Question: Our neighbour drilled into our balcony to install an awning shade. What do we do now? Who is responsible if there is future damage due to the installation? Our downstairs neighbour got approval to set up an awning for her backyard. In her request she stated that drilling was ‘probably not required’, however,…
Question: Does a strata committee have the authority to exempt a resident from complying with a by-law? A resident has asked the Strata Committee, on somewhat questionable grounds, to exempt the applicant from the Strata by-law banning laundry on balconies. My question is does a strata committee have the authority to exempt a resident…
Question: Are there regulations on the use of smoker BBQs on apartment balconies considering the amount of smoke and smell these produce? Answer: You must check the by-laws applicable to your scheme. The short answer is that you must check the by-laws applicable to your scheme. Many schemes have by-laws which regulate BBQ’s and…
Question: A lot owner with a dog causes nuisance to surrounding lots. What can the owners corporation do? Is there a legal way to handle this? We have a problem with a lot owner who owns a dog on our building. The dog is left for long periods unattended causing excessive barking, excrement is…
Question: I have an apartment with a balcony in NSW and can I put artificial hedge roll on my pole for decoration? Answer: While the decorative item is easily removed, it may offend the “keeping within the appearance of the building” by-law: While the decorative item is easily removed, it may offend the “keeping…
Question: My balcony cannot be viewed from any common property. Can I retile my balcony as long as the finish is in keeping with the building without OC approval for the renovations being asked? I appreciate that maintenance and replacement of my balcony structure and it’s waterproof membrane are the responsibility of our Strata….
Question: Can you hang your bicycle from the ceiling of the balcony in a strata apartment? We have nowhere else to store the bike. Answer: You should check your by-laws in case there is a “storage” or “balcony” by-law which might prohibit such storage. Not without the permission of the Owners Corporation because hanging things…
Question: How do we handle the other duplex lot owners who smoke outside their lot. Smoke drifts over the dividing fence and into my aging father’s lot. We are looking for information about how to handle the other lot owners who smoke in the back yard of their duplex. The smoke drifts over the dividing…
Question: Now the evenings are getting cooler, we are wondering if we can set up a small fire pit on our apartment balcony. We have units and balconies both above and below us. Since we’ve been in lockdown, we tend to spend quite a bit of time on our apartment balcony to get fresh air…
Question: Are children excluded or exempted from breaching any provisions in the Strata Schemes Management legislation or any By-Law Clauses of the Strata Plan? Answer: Occupiers of the lot are responsible to ensure no noise may interfere with someone else’s use of their lot or common property. In our view it is not that they…
Question: Should we have a bylaw allowing residents to have a BBQ on their apartment balcony? If we have no bylaw and a BBQ becomes a fire hazard, will the Strata Committee Members be held liable? Answer: You need to check what your contract states with regard to strata manager insurance commissions. We have…
Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her hanging of washing on the balcony practices. Answer: Issue a notice to comply with the washing on the balcony bylaw and then pursue the matter through NCAT….
Question: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop? Answer: Your neighbour may not use their lot in such a way that causes nuisance…