Question: A recent newsletter pointedly reminds residents not to use balconies as storerooms, but does not refer to any bylaw or specific breach. Is this enforceable?
We are tenants in a complex on the Gold Coast and have read the following in our internal newsletter:
“Balconies are not BCF stores or storerooms. All camping, sporting, fishing equipment, bikes, boards, dead plants and boxes must be removed immediately.” This has been distributed to every letterbox and does not refer to a bylaw or specific breach. I’m curious if this is actually enforceable.
We have a LARGE ground floor balcony which almost doubles our internal living space. We’re an active family and have bikes, bodyboards and scooters on the balcony, all NEATLY stored in a corner out of view of 99% of the complex and any passersby – all up taking up about 5% of the total balcony space.
Some people on upper floors with much smaller balconies do have an untidy clutter of furniture, surfboards and the like and “appearance of lot” would come into play. Ours on the other hand is tidy and virtually no one can see any of it.
Answer: It really does come down to the by-laws applicable to the building.
It really does come down to the by-laws applicable to the building. If there’s a by-law regulating appearance and storage, then you may have an issue. Even if there wasn’t a by-law, there may be an issue under the nuisance provisions of body corporate legislation. ‘Nuisance’ can include something visual.
That said, looking at the actual notice you’ve received, it’s problematic, to say the least. Is that all it says? Is it signed by anyone? Is it from one person or the committee? I note you’ve said it doesn’t refer to any by-law. This looks very much like a non-compliant notice. Even a compliant notice about a by-law breach doesn’t usually contain reference to ‘immediate’ removal of items, as in a by-law breach process, you’d have a period of time in which to respond to the allegations being made.
You might like to take this up with your committee and request ‘clarification’ on where this notice comes from. You can ignore it if you like, although it does sound as though there might be a problem at your building and involving other people, which might benefit from some early and informal resolution.
This post appears in Strata News #455.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898