An NSW Lot Owner is wondering whether they can display a political sign on their apartment building. Leanne Habib, Premium Strata provides the following response.
Question: Can I have a political sign displayed on my apartment? I own the apartment. Does this rule also apply for ‘For Sale’ signs on apartments?
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Can a buildings bylaws restrict me from posting the poster of a major parties candidate 11 floors up from the street? I own the apartment.
I would really appreciate some advice as they have threatened me with the civic administrator tribunal & a fine. I received the letter after I had taken the signs down after the election. They were up for a couple of weeks.
If it is illegal to display a political flag, does the same go for any type of signage such as a ‘For Sale’ or ‘For Lease’ sign?
Answer: Some buildings have specific signage by-laws prohibiting any signage whatsoever, with an approval process even in case of real estate ‘For Sale’ signage.
Yes, buildings can restrict signage. Some buildings have specific signage by-laws prohibiting any signage whatsoever, with an approval process even in case of real estate signage.
In the absence of a signage by-law, buildings rely on the “in keeping with the appearance” by-law which states that you must not keep anything within your lot which is visible from outside that lot and which when viewed therefrom is not in keeping with the rest of the building.
So, your signage is likely to be in breach of the by-laws entitling the owners corporation to prosecute that breach.
This applies for absolutely any type of signage as it is not just limited to appearance issues but also damage to common property. Generally, ‘For Sale’ and ‘For Lease’ signs are affixed to some part of the common property that may or may not damage the common property permanently.
This post appears in Strata News #216.
Read next:
- NSW: “Appearance of the lot” – In keeping with the rest of the building
- ACT: Q&A Owners Corporation House Rules and Removal of Political Flags From a Balcony
Leanne Habib
Premium Strata
P: 02 9281 6440
E: info@premiumstrata.com.au
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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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I would disagree. I believe you can. In the same way that you can allow rainbow flags to fly. We live in a democracy. It will be discriminatory (political activity) for the owners to disallow this. (As long as the sign is not discriminatory, then proceed!). I would nevertheless advise that you inform the Committee of your intention and a time for its removal.
Hi LVC
We have received the following reply back from Leanne Habib:
There is a CTTT case where owners were ordered to remove an Australian Flag and flagpole under the “in keeping with the appearance of the building” by-law breach. On the basis of your argument, this decision would be discriminatory. The new model by-laws (which are said to reflect changing community standards) have retained this standard by-law. A strata scheme should be entitled to preserve the uniformity of the appearance of its building.