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I am unfortunate enough to live in a very dysfunctional BC complex of 5 terrace style units. Each one has a courtyard at the rear of the property and my neighbour and I have a large wall of bamboo (non-invasive type) which provides privacy from the businesses behind the complex, provides shade in summer as it directly west to the rear and acts as a reducer of noise from a busy street.
Despite the bamboo being there for almost 10 years, three other unit holders are now wanting it trimmed and then maintained every year to below the height of a certain part of the building. My neighbour and I have objected and at the AGM the “other three” passed a by-law the the plants must be maintained by the individual unit holder to a set height. We are now in breach of the stupid by-law and would like to know what are our chances of fighting this and winning. I am aware that in strata you only own 3m above the ground but for a terrace style development where each unit is 3 stories that is rather generic and irrelevant.
Any help or suggestions to fight this would be greatly appreciated.
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It’s got me rather puzzled that a by-law was passed at the AGM by the other three owners (if this applies to NSW). A by-law requires a special resolution passed by 75% of owners represented at the meeting. Then it has to be registered. Would suggest that the ball is in the OCs court, if they wish to enforce it then they have to go through the mediation and ajudication process, let them pay the fees.
David B
I’m with Dave B on this. If this was passed as a by-law at an AGM, then witheer the two owners who object to it didn’t attend or didn’t vote or even voted for it.
However, if you did attend and you both voted against, then the motion fails.
And he is right about the processes. Ask them to get an estimate of how much it will cost to raise and pursue an action at the CTTT. Perhaps then they will be more amenable.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
I agree the Bylaw should never has been passed if 2 of you were against it.
BUT assuming this Bamboo is within the lot bylaws cannot be retrospective and so the bamboo has got a get out of jail free card.
Also even if this was not the case the EC would have to prove at CTTT that the bamboo is causing a problem and before they could enter your lot to cut it down they would require a ruling from CTTT for the EC to take this action.
tim76 said: Do we wait till we get taken to NCAT and present our case of why we want to keep the plants (privacy, noise, shading) and hope that the tribunal is sympathetic or will they just slap us with a $550 fine? (we are in NSW).
YES wait – and remember that fines, even for matters of much greater significance than yours, are as scarce as the proverbial hen’s teeth, and that depending upon the height of your plantings relative to the stratum of your lot (which varies from one Plan to another) the NCAT would give favourable consideration to Memorandum No AG520000 issued by NSW Land & Property Information to the effect that the costs of trimming/lopping plantings with a height in excess of the stratum of the lot is the responsibility of the O/C, and with only the responsibility for then maintaining that trimmed height being with the lot owner.
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