This article discusses strata enforce garden maintenance, explaining when and how a strata scheme can require an owner to maintain their private garden under by-laws.
Question: One lot owner in our small, well run building refuses to maintain their garden. Can strata force an owner to maintain their private lot? If yes, how?
I live in a self-managed strata complex of 6 townhouses. We are all owner-occupied. We generally all get along well except one of our owners does not maintain their front garden or backyard. Even though it is own private property and not common property, it is overgrown and the neighbours are complaining. The owner has been asked to maintain the yard many times, but they never do.
Can strata force an owner to maintain their private lot? If yes, what is the best way to approach the situation?
Answer: We have outlined below a step by step process to get the owner to comply.
Our office process is:
- First letter from the strata manager to the owner as an ‘education letter’. This is to let them know they are in breach of the by-laws (see below)
- If this doesn’t improve, we issue a final notice. This is a stern warning advising that if things don’t improve we are heading to Fair Trading for Mediation.
- If this still doesn’t resolve, normally the strata committee would vote on whether or not to live with the issue or proceed to Fair Trading for mediation. Mediation resolves the majority of complaints and there are no costs to lodge anymore. This is a good third step.
Assuming that your strata is subject to the model by-laws, this is the by-law they are in breach of:
17 APPEARANCE OF LOT
- The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
This post appears in the March 2023 edition of The NSW Strata Magazine.
Rod Smith
The Strata Collective
E: rsmith@thestratacollective.com.au
P: 02 9879 3547
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