Question: We have a challenging relationship with the neighbouring lot within our strata complex. The neighbour has made complaints about our backyard and photographed our yard over the fence. Is this a breach of privacy?
Answer: The photography may constitute a nuisance.
The right to privacy is not entirely clear cut and the Privacy Act, 1988 (Cth) does not expressly deal with photography. Also, your backyard is outside, readily visible to your neighbour and you weren’t engaged in any particular private activity, in which case, there may not be a breach of privacy.
However, the photography may constitute a nuisance under section 153 of the Strata Schemes Management Act, 2015 (NSW) as reproduced below:
153 Owners, occupiers and other persons not to create nuisance
- An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not—
- use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or
You should seek legal advice on the matter as the photography may be trespass or harassment too.
This post appears in the May 2023 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440