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NSW: Can a strata committee restrict when you wash your balcony?

NSW@2x

Question: Our strata chair has stated we can only wash our balconies before 7am or after 10pm. This seems unsafe. Can the strata Committee impose such rules?

We received an email from the strata chairman stating we can only wash our balconies before 7am or after 10pm to avoid annoying neighbours who use their balconies between these times.

This seems absurd. Most residents in the building are over 70, so it would be unsafe to be doing this so late and in the dark. Also, if we were to employ professionals, they wouldn’t work during these hours anyway.

Can the strata Committee impose such rules?

Answer: No, the strata committee cannot unilaterally impose such a restriction.

In our view, no, the strata committee cannot unilaterally impose such a restriction. A by-law would need to be passed and registered to enforce this restriction. However, a by-law cannot be unjust, harsh, unconscionable or oppressive. The restriction to which you refer may be construed as overly restrictive or oppressive.

This post appears in Strata News #543.

Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440

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