QLD: Can hosing balconies into lower courtyards be a strata nuisance under Queensland law and how can it be stopped

Question: Is it acceptable for the apartments above us to hose their balconies and balustrades into our courtyard and pool? Each time this occurs it takes hours to clean all the dirt from 6 floors above.

We live in a ground floor apartment in a block of 12. The front and side balconies above us have over the edge drainage which drains directly into our courtyard and swimming pool. Is it acceptable for the apartments above us to hose their balconies and balustrades into our courtyard and pool? 

Each time this occurs it takes hours to clean all the dirt from 6 floors above as our drainage is 100mm floor wastes. It also takes endless time cleaning and re-balancing the chemicals in our pool. 

Can this be stopped?  

Answer: The occupier of a lot included in a community titles scheme must not use or permit the use of, the lot or the common property in a way that causes a nuisance or hazard;

As an owner you are entitled to the peaceable enjoyment of your lot

Section 167 of the Body Corporate and Community Management Act 1997 states:

Nuisances:

The occupier of a lot included in a community titles scheme must not use or permit the use of, the lot or the common property in a way that

1. causes a nuisance or hazard; or
2. interferes unreasonably with the use or enjoyment of another lot included in the scheme; or
3. interferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property.

Having water pushed into your lot would seem to count as a nuisance so the question is what are you going to do about it?

First step is to refer the matter to the Committee so they can make an assessment. Is the problem a design fault? If so, perhaps runoff pipes can be installed. Maybe the balconies need to have a small lip added so that owners push the water down through their drains instead of over the balcony. If there is a technical solution the body corporate should consider it.

However, in some cases though it is difficult to fix the problem by rectifying the building. Then, you might need to appeal to individual owners to have them change their behaviour. A letter from the committee to the relevant owners might help but occupants change and people forget over time. Otherwise, you might have to take action against individual owners – not pleasant or easy but something to be considered.

William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924