Question: Clotheslines in our lot are visible from the outside of the building. Does this mean that everybody who hangs washing on the clotheslines is in breach of the by-laws by changing the appearance of the lot?
Each lot in our low set villas has a small deck as part of the lot. Each deck includes a clothesline that was installed when the complex was built nearly 20 years ago.
Our by-laws mentioned appearance of the lot. Does this mean that everybody who uses the clotheslines is in breach of the by-laws because washing is visible from the other lots or from the common property?
Answer: The standard appearance of lot bylaw gives quite a bit of flexibility.
The standard Schedule 4 By-Law on the appearance of the lot states:
Appearance of lot
- The occupier of a lot must not, without the body corporate’s written approval, make a change to the external appearance of the lot unless the change is minor and does not detract from the amenity of the lot and its surrounds.
- The occupier of a lot must not, without the body corporate’s written approval—
- hang washing, bedding, or another cloth article if the article is visible from another lot or the common property, or from outside the scheme land; or
- display a sign, advertisement, placard, banner, pamphlet or similar article if the article is visible from another lot or the common property, or from outside the scheme land.
- Subsection (2)(b) does not apply to a real estate advertising sign for the sale or letting of the lot if the sign is of a reasonable size.
- This section does not apply to a lot created under a standard format plan of subdivision. Note— Under the Building Act 1975, sections 246R and 246S, a body corporate can not withhold consent for particular activities stated in the sections that might change the external appearance of a lot.
This gives quite a bit of flexibility for how this law can be applied as it allows for discretion from scheme to scheme to permit practices such as the visible hanging of washing if the body corporate approves and provides notice in writing.
Your scheme may have that by-law or have a different wording so please check carefully. If you have the standard by-law then the next step would be to determine if you are happy with the washing to be hung outside or if it should be placed out of view. This could be done at either a committee meeting or general meeting. If you are happy for it to be outside a minute noting this could be taken as written permission. If you want it moved inside and that is a breach of the by-law then breach notices should be given to the relevant owners as a first step towards correcting their behaviour. Otherwise, if your by-laws don’t suit the needs of the plan you should look to change them to a version that does.
This post appears in Strata News #473.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924