Lot owners from NSW are wondering whether they can install blinds or sun shades for apartment balconies.
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Question: A unit owner installed a blind without seeking approval and has since passed away. The owner’s son has inherited the lot. Is the son now responsible for arranging for approval of installation of the blind?
A few years ago, a unit owner had a blind installed on his balcony without consent. The owner ignored numerous requests to apply for permission by way of a by-law. At the time, the owner was terminally ill and has since passed away. There was sympathy for the owner so legal action was not instigated.
The blind does not protrude from the building and when not in use is not visible either from the street or other units. Even when it’s lowered, it is unobtrusive. None of the other owners object to the blind.
The owners corporation’s main concern is whether the installation was carried out correctly, and no damage will occur in the longer term to the building.
The unit was inherited by the deceased owner’s son. The strata manager has now requested the son to apply for a by-law for the blind. He has refused, saying that because it was installed by his late father, he is not responsible. Could you please confirm if the son is responsible for obtaining approval for installation of the blind.
Answer: If the son is the new legal owner, the responsibilities of the apartment are now his.
I think that the OC seems to be acting reasonably in the situation. It is up to owners to take advice from their strata manager regarding any proposed renovation before the works are undertaken. They are attempting to assist the owner ‘legitimise’ their installation and pass on the ongoing responsibilities as would be appropriate.
The main concerns with external blind installations is that they can be unsightly, not to mention dangerous with wind and environment factors. They almost always require a by-law to pass on the ongoing responsibility to the respective owner.
If the son is the new legal owner, the responsibilities of the apartment are now his. He can’t hide behind the excuse that his father installed the blind. As I see it he has two options:
- Arrange for a by-law to be drafted, voted on and registered allowing the blind to be installed.
- Remove the blind.
Rod Smith
The Strata Collective
E: [email protected]
P: 02 9879 3547
This post appears in Strata News #457.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Q&A Older Building Safety and Maintenance Requirements
- NAT: Your Balcony, Balustrades and Strata Liability
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Hi ,
I live in a strata building on ground floor im renting this place I stay at, our realestate had no problem with our makeshift screen fence to block people from peeking inside our balcony/loungeroom
Recently a person had made a comment stating that our makeshift screen fence was not legal and shabby even though none of the people in our building had no complaints nor concerns about our makeshift fence my question is it legal to stay with our makeshift screen or should we take it down. We only put it up for privacy reasons because we are in the front and a lot of people pass through our section and see inside.
This person that had said that comment was willing to put in blinds on balcony I’ve never seen a rental place that has blinds for a balcony am I wrong? Is it allowed to set up blinds on outdoor balcony?
Obviously I don’t want to get into trouble even though we had no problems with our makeshift screen fence.
We have a freestanding umbrella in our backyard that doesn’t require any bolts etc and our neighbour is complaining because she can see it. It’s free standing and doesn’t touch or overhang the fence or block any view. Does she have a right to complain?
Hi Nikki
Nathan Clarke, Hunter Strata has responded to your comment within this article: NSW: Q&A Changing Building Appearance: colour of external walls
We also hope to install a single sun-block blind that attaches to the ceiling of our second floor balcony. I have been told that this will be illegal in NSW as it relates to fire risk and the cladding issue. I can find no official information that supports this viewpoint. Who should I ask to check whether or not this is true?
I too was told this and seeking information.
Hi Jess and Barbra
The Following response has been provided by Rob Broadhead, 2020 Fire Protection:
If you put them in direct contact so I can get the context of exactly what it is & why, then I might be able to answer.
Rob Broadhead
[email protected]
2020fireprotection.com.au
Hi,
I plan to install sun block blinds in balcony, the rail will screwed on the balcony ceiling.
here is an example: http://www.meridiancurtains.com.sg/outdoor-blinds/
so, just wondering does this need local council approval?
Hi George
We’ve received this response from Rod Smith, The Strata Collective:
Regarding council approval, this should be checked with your local council and then you should advise strata accordingly.
In the above article, Leanne Habib makes reference to the “legal concept of “moral rights” of the architect which you must not offend and query whether sunshades might offend the architect’s vision for your particular development.”
We have received an email from the LookUpStrata community offering this link, which explores this point in further detail – Architects and Intellectual Property: Protecting Your Building Plans and Designs by Michael Bampton of Henry Davis York Lawyers
There are other considerations to be aware of .
In Queensland the local planning laws and regulations will come into play as to whether an owner or for that matter the strata scheme have the authority to approve same .