Question: We share a patio with our neighbour. They have many plants, and we have a small piece of gym equipment in the area. Who is in breach?
We have a back patio as a shared common area. My neighbour has pot plants of all shapes and sizes hanging and filling the patio. We have recently purchased a small piece of gym equipment (approx. 45cm w x 80cm h – gymnastic bar), which fits perfectly in our corner of the shared patio. It has no impact on the health of the plants.
We continually receive letters of complaint under our door about our abuse of strata living.
Are we doing anything wrong by leaving this unobtrusive small bar outside?
Answer: It appears you are both in breach of the standard by-laws.
You must check the specific by-laws applicable to your scheme. However, it appears you would both be in breach of the standard by-laws.
Your neighbour is, among other things, “obstructing” common property and using an area of common property as a “garden”. You, too, are technically “obstructing” the common property as you are not meant to store anything for your private use on the common property without permission from the owners corporation.
This post appears in Strata News #545.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440