Can a body corporate control pot plants in an exclusive use courtyard?

QLD
Maintenance & Common Property
question
Lookupstrata community member

Can the BCC tell me where I can (and can't) put pot plants in my exclusive use courtyard? I want to use the plants as a screen as I have been denied approval for other forms of screening.

answer
Todd Garsden
Todd Garsden Mahoneys

As a general rule, the body corporate is permitted to dictate the external appearance of the lot to maintain aesthetic consistency.

This will depend on:

  1. What your exclusive use by-law allows for; and
  2. Any other by-laws affecting the external appearance of the lot.

The issue seems to centre around the screening as opposed to the placement of pot plants. As a general rule, the body corporate is permitted to dictate the external appearance of the lot to maintain aesthetic consistency. However, if the screening does not particularly detract from the external appearance (or is needed for some form of privacy) it may be unreasonable for the committee to prevent any form of screening being installed.

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