ACT: Can strata rules prevent clothes drying on apartment balconies?

Question: Would you please tell me about the current situation in the ACT regarding drying washing on balconies in Strata apartments? Does it depend on the individual strata rules?

Would you please tell me about the current situation in the ACT regarding drying washing on balconies in Strata apartments? Does it depend on each individual building’s strata rules? 

I understand the NSW Government introduced a by-law allowing the sun-drying of clothes on balconies. I also understand that Strata schemes are not obliged to adopt this by-law in NSW. Is this the same in ACT?

Answer: Any rules pertaining to washing on balconies would be determined by the House Rules or Alternate Rules for each respective Units Plan

The Default Rules of the UTMA make no specific reference to washing on balconies, and consequently, any rules pertaining to washing on balconies would be determined by the House Rules or Alternate Rules for each respective Units Plan.

Importantly, the effect of any Alternate Rule cannot result in a Rule prohibiting or restricting the installation, operation or maintenance of sustainability or utility infrastructure in or on the common property or a unit (S108)(3)(f).

Rule 1.4 of the Default Rules determines approval is required to erect or alter any structure in or on the unit, with the accepted interpretation being approval is only required for permanent structures. However, Rule 1.4(3) states that the owners corporation cannot withhold consent for any structure that is sustainability infrastructure. The definition of such in the UTMA Dictionary is as follows:

sustainability infrastructure—

1. means infrastructure or equipment that—
   
   1. if installed in relation to a units plan—
      
      1. improves the environmental sustainability of the units; or
      2. reduces the environmental impact of the owners corporation and the units owners; and
   2. if installed in relation to a unit—
      
      1. improves the environmental sustainability of the unit; or
      2. reduces the environmental impact of the unit; and
2. includes related utility service connections and equipment.

Therefore, it could reasonably be argued that the erection of a drying rack or washing line falls within the definition of sustainability infrastructure.

In most cases, washing on balconies is generally overlooked provided it remains below the height of the balcony balustrade. However, this accepted practice may also be challenged in the future as Rule 1.4(3) goes on to include the example that appearance is not a reasonable factor in withholding permission:

3. However, if the structure is sustainability infrastructure, the owners corporation’s permission must not be unreasonably withheld.

   Examples—permission not unreasonably withheld

   • safety considerations
   • structural considerations

   Example—permission unreasonably withheld

   external appearance of a unit or the units plan

In the current political environment, with considerable emphasis on sustainability and the environment, it could reasonably be expected that ACAT would not permit a rule prohibiting the use of clothes drying racks on balconies.

Nina Cannell
Signature Strata
E: nina@signaturestrata.com.au
P: 02 6185 0347