Hedge blocks view of common property garden | Common Property | Flat Chat Forum: Your Questions Answered




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Hedge blocks view of common property garden
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dickinson7
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09/10/2017 - 10:08 pm
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Hello guys. Could you give some advices. I have an owner who has grown hedges so the common property and garden is no longer visible as you enter the property. So if the owner wants privacy why can't they put a screening wall within their lot?

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Sir Humphrey
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09/10/2017 - 10:52 pm
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Generally, if an owner would like particular plants or landscaping on the common property, that should be with the approval of the OC, or at least from the committee in line with some agreed guidelines from the OC. Erecting screens within the unit area may or may not be consistent with any controls you have on erections and alterations on the unit. Eg. where I am, we have OC resolutions limiting the types of walls, fences and screens to a few style and height options. 

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Lady Penelope
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10/10/2017 - 3:47 am
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Dickinson7 - Are the hedging plants located on common property or are they located within the owner's Lot boundary?

If they are located on common property then they can be removed by the OC. If they are located within the boundaries of a Lot then that is a totally different issue. 

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strats all
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19/10/2017 - 11:48 am
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Hi,

I was just reading our By-Laws this morning and came across this one:

4. Damage to lawns and plants on common property

An owner or occupier of a lot must not:

(a) damage any lawn, garden, tree, shrub, plant or flower being part of or situated on common property, or

(b) use for his or her own purposes as a garden any portion of the common property.

We are using the standard Schedule 1 By-Laws.

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