Question: In our small strata some units were allowed to enclose their balconies. Now, when residents wash their windows etc, the water flows onto the enclosed balcony windows below. Our meeting minutes show years of rising tensions. How do we overcome this?
We are a small 14 unit complex in NSW where bylaws were created to allow enclosing of balconies for some units. Just over half of the units have been enclosed from the top floor to ground floors.
Drainage is via a pipe at one end of the balcony that does not extend very far out and there is no “lip” on the balcony edge to contain water. When hosing down windows, frames and ceilings of the balconies to clean off salt and grime, the water flows over the edge onto the enclosed balcony’s windows below.
Our meeting minutes show tensions have risen for years since this unforeseen consequence of enclosing balconies for some and not others. This tension has risen to the point where this majority of people with balconies can vote that no cleaning can be done on balconies – not even the glass railings – ever – and no pot plants are allowed on balconies. Any compromise e.g. cleaning in the rain, becomes heated with raised voices.
This is not ideal when these fixtures need cleaning for maintenance and aesthetic purposes.
How can a bylaw for some not allow others to maintain their common property? What can we do?
Answer: The “defect” should be rectified rather than restrict non-enclosed lots from cleaning or having proper use and amenity of their balconies.
A by-law that restricts you from cleaning your own balcony or prohibiting pot plants may be invalidated because it is harsh – either the enclosed lots or the owners corporation should rectify this “defect” rather than restrict non-enclosed lots from cleaning or having proper use and amenity of their balconies. Further, the terms of the by-law for balcony enclosures should contain a provision that their works must not cause nuisance or hazard to other lots.
This post appears in Strata News #612.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440