Question: Our neighbour is complaining about an umbrella we have in our backyard. The umbrella is freestanding and doesn’t require any bolts, etc. It doesn’t touch or overhang the fence or block any view. Does the neighbour have a right to complain?
Answer: If the umbrella is visible from the street, there could be an argument that it can change the appearance or detract from the property.
You need to review both your strata plan and your by-laws to determine if you are able to have this umbrella in your rear courtyard. I would recommend looking at the “Stratum” of your lot. This will show the depth and height you own.
If the umbrella remains wholly within this space, review the by-laws. Is there an appearance of lot by-law? If so, you need to determine if this umbrella detracts from the appearance of the lot. If the umbrella is visible from the street, there could be an argument that it can change the appearance or detract from the property. However, if the umbrella is not visible from the street and is fully within the stratum outlined in your strata plan, I believe you don’t have anything to worry about.
This post appears in Strata News #699.
Nathan Clarke Hunter Strata Management E: nathanclarke@hunterstrata.net.au P: 02 4934 2022