Question: We obtained a safety report confirming pots at our front door do not cause any risk or block access. We negotiated with the committee to leave the pots in place. However, 12 months later, we’ve been forced to remove the pots. What happened?
We live in a complex of 25 units/townhouses. There are pots and plants and other items in common areas across the site. We have been forced to remove a few pots and plants next to our entrance by the committee. Now the area is bare and unsightly.
We had a safety report undertaken for the area which showed no access or safety issues were caused by the plants and pots. There were no interferences with services.
There is clear discrimination here. All unit owners need to be treated equally by the committee. We had a conciliation agreement with the committee to leave the plants in place, but now 12 months on, they threatened to remove the plants at our costs. Any suggestions would be appreciated.
Answer: Look at what may have changed since the conciliation session.
Given a conciliation agreement was reached, it sounds as though things have gone awry from what was discussed at that conciliation session. So my first tip would be to look at what may have changed since that time.
Beyond that, you’re right, in that by-laws are not meant to discriminate (‘discriminate’ here has its literal meaning). I’m interested in your comment that you were ‘forced’ to remove the plants. Did you receive a contravention notice and was it enforced? Bear in mind that by-law contravention is an allegation until such time as an order of an adjudicator, or magistrate, is made.
I’d always recommend talking with the committee in the first instance and seeing what could be worked out. Although given what you say above, that time may have already passed. You can put a motion to the committee to make an improvement to common property in relation to plants. ‘Improvement’ here can mean an addition to the common property. As an owner you have a legislated right to put a motion to the committee and have a decision on it in a set timeframe and then if no decision, or an unreasonable one, you can dispute that through the Commissioner’s Office. You can also seek to have by-laws changed at a general meeting.
I can’t help but return to my first point: what else is going on here that has led to this situation developing the way it has and why might your circumstances seemingly be so different to those of other owners?
This post appears in Strata News #639.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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