Question: Does the legislation deal with residents feeding wild birds on their balconies? This activity is causing bird poo on other balconies.
Residents in our building have been feeding birds on their balconies. This has been disruptive and created a mess with bird seed husks and bird poo on surrounding balconies.
Are there any parts of the legislation or bylaws that could be used in this situation?
Answer: Check your registered by-laws. You could also potentially argue this situation is a nuisance or hazard.
There may be a by-law for your scheme which applies. You would need to check your registered by-laws. You could also potentially argue this situation is a nuisance or hazard, although I’d recommend seeking legal advice in that regard. There is no specific provision for bird feeding under strata legislation.
There is at least one case I am aware of in relation to feeding wild birds, in which a referee has made an order about that situation. You can read that here and determine for yourself if it might apply to your situation. I stress, this is an order made under the so-called ‘BUGTA’ legislation, and not an order of an adjudicator under the Body Corporate and Community Management Act 1997.
This is general information only and not legal advice.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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