This question about hanging Christmas decorations on the balcony has been answered by The Knight.
Question: Are there laws about external Christmas decorations and strata units in Victoria? Can I hang Christmas decorations on the balcony?
Are there laws about external Christmas Decorations and strata units in Victoria?
Am I required to seek permission from the owners corporation to hang Christmas decorations on the balcony of my apartment?
Answer: There are no specific rules relating to Christmas decorations however the decorations could fall under certain areas of the Model rules.
There are no specific rules relating to Christmas decorations however the decorations could fall under certain areas of the Model rules.
See OWNERS CORPORATIONS REGULATIONS 2007 – SCHEDULE 2: Model rules for an owners corporation
Model rule 3.1.1 states that an owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property. Some could try and argue that such decorations impact their enjoyment of the property and therefore restrict the use of decorations.
Also model rule 3.3 – Damage to common property – could come into play if, as the installation of the decorations have the potential to damage part of common property, such as how they are affixed (screwed or nailed) to common walls. Screwing a sleigh and reindeer on the common roof may be going a bit too far.
Finally, model rule 5.2 states that an owner must obtain the written approval of the owners corporation before making any changes to the external appearance of their lot. However, the Owners Corporation cannot unreasonably withhold consent, but may give approval subject to reasonable conditions to protect quiet enjoyment of other lot owners, structural integrity or the value of other lots and/or common property.
Placing decoration solely within the boundary of your Lot should not be an issue provided it doesn’t negatively impact others, e.g. placing flashing lights within your balcony and this area is next to the bedroom window of your neighbour may not go down well. We also suggest that they are taken down after the festive season is over as leaving them up permanently may be looked on unfavourably.
This post appears in Strata News #436 and #676.
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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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