NSW Lot Owners are wondering how to control the bylaw breach of hanging washing on the balcony. Can the owners corporation stop residents from hanging washing on their own balcony? What do I do it the matter is referred to NCAT in NSW?
Table of Contents:
- QUESTION: Does a strata committee have the authority to exempt a resident from complying with a by-law?
- QUESTION: A lot owner has been told to stop hanging washing and drying clothes on her apartment balcony. What action can the Strata Committee take to impose compliance for breaches?
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 from complying with a by-law passed by the Owners Corporation, or should the issue be decided by the Owners Corporation at a general meeting?
Answer: The strata committee/owners corporation do not have the power to exempt residents from compliance with a by-law on an ad hoc basis.
The strata committee/owners corporation do not have the power to exempt residents from compliance with a by-law on an ad hoc basis. Further, the by-law of the owners corporation overrides any decision of the strata committee.
The owners corporation, theoretically, could amend the washing by-law to specifically exclude the Applicant or repeal the by-law in its entirety, but not otherwise. A by-law is basically a statutory contract that binds, inter alia, all the owners, occupiers and owners corporation and cannot be unilaterally put to one side by the strata committee.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #221.
Question: A lot owner has been told to stop hanging washing and drying clothes on her apartment balcony. What action can the Strata Committee take to impose compliance for breaches?
Strata Bylaw breaches – What action can the Strata Committee take to impose compliance?
We have an NSW lot owner who persistently and repeatedly defies a polite request made on behalf of the owners corporation to comply with and discontinue breaking a standard Strata by-law (in this case By-Law No 14 drying washing on a balcony and in plain view from common property).
Drying of Laundry Items
An owner or occupier of a lot must not, except with the consent in writing of the owners corporation, hang any washing, towel, bedding, clothing or other articles on any part of the parcel in such a way as to be visible from outside the building other than on any lines provided by the owners corporation for the purpose and there only for a reasonable period.
What steps should be taken to make other residents aware that the Strata Committee has made the residents’ case without gaining compliance? Up until now, we have chosen not to “name and shame” individual lot owners for by-law breaches. However, we are faced with one belligerent lot owner who is apparently amplifying her non-compliance in response to being advised to cease her laundry drying practices.
What are the next steps to dissuade lot owners from hanging washing on the balcony? What actions are most appropriate to get a result for our community?
Answer: Issue a notice to comply with the washing on the balcony bylaw and then pursue the matter through NCAT.
The owner is clearly in breach of the by-law, so the next steps would be:
- Pass a resolution at a general meeting/strata committee to issue a notice to comply in the form approved to the offending owner (a resolution is not required if that function has been delegated to your strata manager)
- If the offending owner persists in the washing breaches, then in NSW the owners corporation may make an application to NCAT to impose a monetary penalty
- If the person breaches again within 12 months of NCAT having imposed a monetary penalty, then NCAT has the power to double the usual monetary penalty
Alternatively, you may wish to obtain Orders from NCAT that the owner cease and desist in the offending behaviour, though mediation would first be required to be attempted.
Breach of Orders carries higher penalties than breach of by-laws.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #221.
Have a question about drying clothes on the apartment balcony an complying with an order from NCAT in NSW or something to add to the article? What has worked in your building? Is washing on the balcony tolerated? Leave a comment below.
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These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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https://legislation.nsw.gov.au/view/html/inforce/current/sl-2016-0501#sch.3
14 Hanging out of washing
(1) An owner or occupier of a lot may hang any washing on any lines provided by the owners corporation for that purpose. The washing may only be hung for a reasonable period.
(2) An owner or occupier of a lot may hang washing on any part of the lot other than over the balcony railings. The washing may only be hung for a reasonable period.
(3) In this by-law—
washing includes any clothing, towel, bedding or other article of a similar type.
This is a more reasonable by-law, though unfortunately most Owners Corporations have chosen NOT to adopt this. This needs to be made common practice In view of (a) current COVID-19 safety requirements, which will be required for the foreseeable future (b) best practice from an environmental point.
Currently, in buildings where this legislation has NOT been adopted (a majority of buildings), one would be in breach of self-isolation requirements if one were to leave the apartment to hang washing on the common lines. It would also cause an increase in pedestrian traffic through common areas.
This absolutely needs to be addressed.
Get this, the owner neighbour whos been harassing me goes to strata meetings so whatever she says goes, all I been receiving in the mail every week is a complaint letter from the strata manager whos obviously taking my vindictive neighbours sides to the point shes got my real estate agent to issue me with a warning of breach of tenancy.
Just use a standard covering on the balcony so washing can dry but can’t be seen from the street. Same standard /colour applies to all units.
Not all balcony’s are common property. Our semi enclosed balconies are on the owners title.
I agree with the comments about wanting natural drying and avoiding unnecessary waste of fuel.
These bylaws are out of step with modern attitudes.
I read the comments above and think what are all the facts, for example a washing on balcony by law could be because the balconies face the street and it would be unsightly. I also note the bylaw states “than on any lines provided by the owners corporation” i.e. put your washing on the clotheslines provided. There is no fossil fuel issue, simply a question of complying with a community rule.
So instead of letting laundry dry naturally, we should be using energy-intensive dryers powered by fossil fuels? And in 60 years, when our planet is dying and our grandchildren want answers, we’re going to be happy with “washing on the balcony was unsightly”? This by-law is so environmentally irresponsible it’s offensive.
You point is valuable. It is offensive to restrict the owner to stop living naturally. If anyone could be nake in the beach why someone could not use their own property space. Why does NSW goverment not also restrict people living in the house?
I dare to suggest that the apartment balcony is not the owner’s property. Similar to windows it is common property. One can not change the appearance of common property without written approval.
Why shouldn’t people be able to hang their laundry on their balconies? All this stupid nonsense is unaustralian. Leave the poor people alone and mind your own business.
It’s not Hong Kong. Ones smalls, hanging over the balcony of expensive units, is not acceptable. Surely there is a Sunny spot, inside? Clothes hanging on balconies, lessons the value of the complex.
The evolution of ‘washing’ by-laws in NSW shows us that the environment is becoming a factor in how strata laws are drafted.
The above by-law is a ‘model by-law’ which was available for developers to adopt and in existence until new model by-laws became available in roughly 2015 or 2016.
The first sentence includes “… except with the consent in writing of the owners corporation…”.
If a resident seeks approval from the OC or SC, then it is very difficult for the OC or SC to deny approval.
The model by-law usually includes a definition of washing.
The washing by-law does not set out any particular considerations for the OC or SC, or restrictions on their decision making. Because there are no ‘restrictions’, the OC or SC have no capacity to deny approval to residents who seek approval.
I have the same query as Don. Thanks.
The mediation & remedy seems reasonable. But the process is time burdensome & costly for the bc committee. The offending owner can simply refuse to pay. Then another process of mediation. There’s no real teeth to bc bylaw enforcement. In the end residents can only remain frustrated with people who want to behave like prats. I’d like to know if there have been any successful dispute outcomes for body corporates.
Agree. The system was designed to slow complaining strata owners, to frustrate the strata complainers, to let the strata complainers suffer mentally longer, to put the strata complainers to legal expense, to let the strata complainer suffer the indignity of being abused. by the offender/s..instead of designing a system that cuts to chaste for immediate resolution. and fines..
It’s no wonder so many strata owners and rental tenants systematically abuse the Strata By-laws and the pertaining legislated laws in the Strata Schemes Management Act + Property & Management Act + Real Estate Act + The Land and Environment Act + various State Tenancy Acts…..It’s all a big joke to the offenders. Some offenders even enjoy being a problem and a nuisance to other residents. They know that you can’t be sent to jail fro breaching Starta By-laws.