Question: Unit owners have asked permission to install an awning or sun shade on their balconies. The committee members are against any form of shading altogether. Is this reasonable?
I am on the committee of a fairly new Body Corporate in a Gold Coast high-rise. Several unit owners have asked permission from the committee to install some form of sun shade on their balconies. We have fairly large balconies, and unfortunately in the summer months it’s unbearable to sit outside because of the sun blaring onto the balconies.
The committee has always denied any application for shading, including umbrellas, shutters and outside blinds. I have argued that perhaps we should look into an appropriate kind of shading and make this a standard for owners to install if they wish. This way, the shading would be uninformed and in a colour that blends in with the building. Regardless, the majority of committee members are against any form of shading altogether.
Lot owners are not able to enjoy their balconies and argue that they bought into this particular building because of the large-sized balconies where they envisaged spending their time enjoying the outside of their own lots. Owners also complain that their balcony furniture and furnishings are being bleached by the sun.
I feel the committee is being unreasonable with their blanket ‘NO’ to any form of shading, preventing owners from the enjoyment of their balconies and their outdoor furniture. Am I wrong in my view?
Answer: A blanket decision – be it prohibition or permission – is generally a pretty strong indicator that it’s also unreasonable.
You’re not wrong. A blanket decision – be it prohibition or permission – is generally a pretty strong indicator that it’s also unreasonable. Why? Because if you apply a blanket policy, you are, by definition, not taking into account the particular circumstances of each case. Which is precisely what being reasonably is all about.
There are a variety of ways in which a committee could regulate the placement of awnings, such that they continue to have some control while still giving owners flexibility, on which you might like to seek some legal advice.
A blanket no runs the very real risk of legal challenge through the Commissioner’s Office.
This post appears in the February 2021 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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