An NSW Lot Owner is wondering how to stop an upstairs neighbour from washing down their outdoor area and causing water dripping over balcony? Leanne Habib, Premium Strata provides the following response.
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?
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 applicable to your scheme. Some newer schemes have by-laws which regulate water run-off balconies and the types of products which 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.
This post appears in Strata News #213.
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These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.