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  • #8199

    Hi Jimmy,

    I live in a predominately strata street of home units & duplexes.  Beside me is a strata duplex, the owners of which has taken up drying theirlaundry on he front balcony, which is level with mine.  This is most unsightly as she washes several times a week.  I have not seen any other balcony in the street with washing hung out to dry in the last 20 years!

    I have spoken to the neighbours and asked them to refrain from this, but without success. 

    My strata by-laws prevent me from drying washing on balconies in the building.  Is this a common strata by-law?  How can I find out whether the drying of clothes on the balcony is allowed under the by-laws in the neighbouring duplex?

    Yours desperately

    JT

Viewing 15 replies - 1 through 15 (of 20 total)
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  • #19395

    @PeterC said:
    I thought QLD had ‘ban the banners’ legislation that renders invalid any bylaw to the extent that it prevents sustainability measures.

     

    You are correct to a certain extent.

    The BC can no longer restrict the installation of solar powers systems, solar hot water systems, window films that reflect the sun, paint that reflects the sun, etc and any bylaw that tries to is invalid (unless a valid exception can be argued).

    It dosn’t mention clothes lines at all and most people would consider hanging clothes over a front balcony an eyesore anyway and so this type of bylaw would be enforceable.

    #19407
    Sir Humphrey
    Strataguru

    So does the QLD legislation list the things that are OK or does it just give some examples? I would have thought a very good case could be made that a clothes line is sustainability equipment. IE it is a solar powered clothes dryer that is more sustainable than an electric dryer, just like a solar water heater is more sustainable than a straight electric water heater. In the ACT a clothes line is given as an explicit example.

    I would have thought that the OC might only be able to ban the use of a solar clothes dryer on a balcony if it provided a practical alternative place to put one.

    The ACT (following my suggestion in a submission to the Unit Titles Act review) has the following (slightly condensed quote):

    S.108 (3)d. An amendment to the Rules has no effect to the extent that it results in the rules  … prohibiting or restricting the installation, operation or maintenance of sustainability or utility infrastructure.

    Sustainability infrastructure, installed in relation to a units plan—

    (a) means infrastructure and equipment that—

    (i) improves the environmental sustainability of the units; or

    (ii) reduces the environmental impact of the owners corporation and the unit owners; and

    (b) includes related utility service connections and equipment.

    Examples—solar panels, clothes lines, rainwater tanks.

    #19409

    The QLD legislation is not quite so open ended and is a bit more specific:

    see Here

    #30424
    LogicprObe
    Flatchatter

    Driving around Sydney now, it’s starting to look like a third world country with all the washing on the balconies.

    Some of the blocks are even ‘high end’!

    #30426
    Sir Humphrey
    Strataguru

    @LogicprObe said:
    Driving around Sydney now, it’s starting to look like a third world country with all the washing on the balconies.

    Some of the blocks are even ‘high end’!  

    I’d be pleased to see that so many people are saving money and NSW’s coal-fired emissions by using solar and wind power to dry their clothes on the most cost-effective renewable energy equipment there is. 

    #30434
    Jimmy-T
    Keymaster

    @LogicprObe said:
    Driving around Sydney now, it’s starting to look like a third world country with all the washing on the balconies.

    We’ll look even more Third World when rising tides and extreme weather events have done with us.

    #15751

    Hi All, in our complex we allow the use of a ‘clothes horse’ or air dryer for drying of laundry on balconies so long as they are not above the height of the balcony rail.

    Laundry is not to be hung over the balcony railings. This seems to work well and does not affect the appearance of the building.

    Cheers,

    CBF

    #15757

    A large hardware chain sells a gauze cover that fits over a portable air-drying stand. It doesn’t stop clothes drying but does render the look of the laundry much less offensive (to those who object). It’s around the $10 mark.

    How about you consider giving your neighbour one of these things? Hopefully they’ll take the hint and use it.

    #19389
    Kenuppa
    Flatchatter

    @considerate band fair said:
    Hi All, in our complex we allow the use of a ‘clothes horse’ or air dryer for drying of laundry on balconies so long as they are not above the height of the balcony rail.

    Laundry is not to be hung over the balcony railings. This seems to work well and does not affect the appearance of the building.

    Cheers,

    CBF

    That seems a sensible response.

    Most balconies have walls where a clothes horse could be located out of sight.

    We have a By Law (Qld) which prevents hanging washing visible from other units or common property without written approval from the Body Corporate. This has maintained the appearance of the units, but some recalcitrant owners or tennants  are ignoring the By Law.

    Is this By Law enforceable in Queensland, and if it is, who is supposed to enforce the By Law?  Resident Manager, Body Corporate Committee or Strata Manager?

     

    Thanks,

    Ken

     

    #19390
    Jimmy-T
    Keymaster

    In Queensland you can ask your committee – or strata manager if they have delegated powers – to issue a ‘continuing contravention order’.  Failure to abide by that can lead to fines being sought at a Magistrates Court.  Individual owners can’t issue these orders but if the Body Corporate committee fails to do so, they can apply to the  Body Corporate and Community Management Office tfor them to pursue action.  You’ll find more information HERE.

    #19392

    In fact in QLD the BC has a duty to enforce the bylaws it cannot just ignore the request because if it dosn’t take action the complainant can take action against the BC to force it to take action against breaches of bylaws.

    This is from a ruling from an Adjudicator ruling in QLD:

    In lieu I order that the body corporate take such positive and reasonable steps as it thinks appropriate to ensure that By-law 16 and By-law 22 of the scheme are known to, and complied with, by all owners and occupiers of the scheme.

    Must admit I’m not sure what would happen if the BC ignored the ruling.

    #19393
    Sir Humphrey
    Strataguru

    I thought QLD had ‘ban the banners’ legislation that renders invalid any bylaw to the extent that it prevents sustainability measures. As I understand it, requiring people to use dryers would not be valid. Requiring people to use a clothesline one way rather than another might be OK. As I mentioned somewhere below, a clothesline is the most cost effective bit of solar equipment you could ever get. 

    #15714
    Jimmy-T
    Keymaster

    Even if you discovered there was a by-law about laundry, your neighboring EC is not compelled to enforce it. And since a duplex has only two owners, your chances of getting anyone to change their habits are slightly less than zero. I doubt your local council will take a position on this so there’s not really very much you can do.

    There may be a remote chance of taking legal action on the grounds that the ‘visual pollution’ of their washing is lowering the value of your property but I  wouldn’t recommend it.  In fact I suspect this is one of those cases where the misery associated with getting a result outweighs the slight benefit of whatever result you might get.

    In other words, if you can, learn to live with it

    #15719
    Sir Humphrey
    Strataguru

    I just don’t get the objection to laundry drying on a balcony. The cheapest and best value for money solar equipment is a clothesline. I am far more offended by one of my neighbours who never puts her washing on a line, on the balcony or anywhere else. She thinks we should all be using electric dryers! 

    #15720
    Jimmy-T
    Keymaster

    I tend to agree, Peter, but Flat Chat is a broad church and we try to accommodate all views. Interesting, when I was researching my answer I came across an attempt to ban electric dryers from one council area. And I believe some councils are insisting on communal drying lines on the roof (for instance) so at least there is an alternative.

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