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Home » Noise » Noise & Neighbours NSW » NSW: Q&A Water Dripping Over Balcony From the Neighbour Above

NSW: Q&A Water Dripping Over Balcony From the Neighbour Above

Published October 16, 2018 By The LookUpStrata Team 5 Comments Last Updated February 15, 2022

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An NSW Lot Owner is wondering how to stop an upstairs neighbour from washing down their outdoor area and causing water dripping over the balcony?

Table of Contents:

  • 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?
  • QUESTION: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop?

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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.

Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440

This post appears in Strata News #543.

Question: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop?

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My neighbour above insists on washing / hosing down their outdoor area, causing water dripping over my balcony and cascading down my glass sliding doors and onto the tiles below. They regularly use bleach for cleaning and this also washes down onto my outdoor area. While sitting outside enjoying our space, we have often been splashed by torrents of water from above.

I have politely requested the neighbour stops washing their balcony with water. This only means they wait until they think there is no one home in our apartment and then carry on as before.

This activity is disturbing the amenity of my property.

What rights do I have to make them stop?

Answer: Your neighbour may not use their lot in such a way that causes nuisance or hazard to you.

You should first check the by-laws that apply to your scheme. Some newer schemes have by-laws that regulate water run-off balconies and the types of products that may be used when cleaning outdoor areas. Irrespective of the existence of a by-law, the water escape will likely constitute a nuisance/hazard under the strata legislation which basically states that your neighbour may not use their lot in such a way that causes nuisance or hazard to you.

You should also contact your strata manager and explain your situation, who will hopefully issue a letter to encourage your neighbour to stop causing you nuisance/hazard.

Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440

This post appears in Strata News #213.

These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Have a question or something to add to the article? Leave a comment below.

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Read next:

  • NSW: Q&A Light Shining Into the Apartment Causing Nuisance
  • NSW Q&A: How Do I Stop Cigarette Butts Litter from Neighbours Upstairs?

Visit Strata Noise & Neighbours OR NSW Strata Legislation.

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Comments

  1. Gini says

    February 9, 2022 at 6:36 pm

    Unfortunately there is lack of community spirit and consideration to others nowadays. Have asked and reminded the neighbors not to do so multiple times but they simply choose ignoring the request.

    Also it is a building design over form, some builders even “forgot” to put the drain in or installed a non compliant drain or no overflow drain; excessive water has nowhere to go or even worse backflow into the unit.

    Poor residents on the lower floors have to live with the outcome from the poor building design & inferior workmanship; furthermore the mediation or notice to comply process is not efficient enough to assist the situation. Regrettably, It is the reality of strata living these days.

    Reply
  2. Victor Lewis says

    February 9, 2022 at 9:07 am

    I Clean my balcony while it’s raining. Or between showers. Avoids problem. Lower balconies get wet anyway
    Chemicals should be diluted except that might still be a problem

    Reply
  3. Kimberly Giordano says

    September 29, 2020 at 10:24 pm

    How should an upstairs neighbor clean their membrane covered balcony without causing some water run off?

    Reply
  4. Veronica says

    October 17, 2018 at 12:24 pm

    What if the balcony of the unit above also has a drain, for this particular purpose, yet they still push water (possibly soapy) off the edge which drips down into my courtyard where I have plants?

    Reply
    • Nikki Jovicic says

      October 22, 2018 at 1:48 pm

      Hi Veronica

      We have received the following response back from Leanne Habib,

      If they are deliberately doing this, this may still constitute a nuisance, however, you should also investigate the possibility that the drainage system may be ineffective/poor (which in turn could be a common property defect, requiring rectification).

      Reply

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