Investment Property - Neighbour Harassing Tenant

LXAndroo on 13/08/2018 - 20:48
Last edited 14/08/2018 - 10:27 by 1 other user

I bought a villa in a small complex of 5 as an investment property back in 2012.

The neighbour of the adjacent property likes to grow plants, and has been building and extending a small vegetable patch, which despite being on common property, has extended to the point where her vegetables block my properties' windows.

I have made a complaint to strata about this issue, and they have been uncooperative, if anything, the strata manager appears particularly friendly with said neighbour. Looking back at strata financial reports, I actually have found that the neighbor was reimbursed by strata for the expenses which she incurred building this vegetable patch. Is this even allowed? Its construction has never been approved in any strata meetings?

As a result of my complaint, she is now harassing my tenant, claiming that he is creating significant noise, an issue which had never before presented itself until I disapproved of the vegetable patch.

Hoping for any advice on the issue. What are my rights?

Thank you in advance!

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  Zedsdeadbabyzedsdead on 13/08/2018 - 20:52

  https://www.youtube.com/watch?v=ZSWnclFYbrU

  Frank Zappa knew.

  (Call any vegetable)
  Lonely at home
  (Call any vegetable)
  And the chances are good
  That a vegetable will respond to you-hoooo

  

  Zedsdeadbabyzedsdead on 13/08/2018 - 20:52 (Collapsed - Offtopic. Show)
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  Godric on 13/08/2018 - 20:52

  neighbour

  • 

    Zedsdeadbabyzedsdead on 13/08/2018 - 21:23

    Ebay

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  veetor on 13/08/2018 - 20:56

  +6

  Herbicide.

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  iand on 13/08/2018 - 21:21

  +14

  If the neighbour has been reimbursed for the vegie patch on common property then I would expect the produce should also be common property so go and help yourself to free vegies and see how they like that

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    ozzpete on 14/08/2018 - 02:30

    Definitely… Especially since OP has paid for veggie patch reimbursement (through strata fees) .
    I lived in a unit block with vegetables and fruits etc growing on common property. I was invited by the person who mostly looked after them to take whatever I want.

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  mskeggs on 13/08/2018 - 21:39

  +13

  You have the right to the quiet enjoyment of your property (and by extension, your tenant) and you have the right to a proportional representation on the body corporate.

  You will need to weigh up where your priorities lie.

  Do you want to maximise your rent and ability to retain tenants, or do you wish to take a principled stand against somebody encroaching on common property?

  Often in threads posted here, there is a lack of empathy (in the literal, not emotional sense).
  Put yourself in your green thumb neighbour's shoes for a minute. Here are some possible thoughts:

  • I live here so have a stake, not some non-resident investor who is never around
  • I am trying to make the place 'greener' and better for residents who wish to grow their on food.
  • I get on well with my neighbours and the strata manager because I want to have a good place to live
  • This investor is making complaints, even though the residents aren't unhappy when I talk to them.
  • Vegetable gardening is super important to me, so I am going to be super sensitive about noise etc. in response

  Now try the Strata manager's:

  • I need to manage 5 properties interests.
  • one resident involved in the strata is super keen on vegetable gardening
  • everyone has been fine with this for some years.
  • a non-resident investor has made a complaint. Maybe it isn't a huge deal so I will just mention it to the gardening fan.
  • great, now we have a minor war between residents.
  • I don't want to be involved in this.

  What I would do?

  Is the 'blocking my windows' an actual issue? Or is it the back laundry or garage window and it isn't actually a problem?
  If it is a real issue, can you ask the gardener directly if they can garden in such a way that it isn't an issue? Growing the cucumbers under your window might solve everything.
  I wouldn't be demanding my rights and making formal complaints unless a softer approach got nowhere. Being strident about your rights and how the strata manager etc. should do their job is likely to get people off on the wrong foot.

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    salekhard on 13/08/2018 - 21:46

    I have found that soft, polite complaints get no air time. I had the same issue with a neighbour. Sent him a polite note and waited 4 -5 weeks and no action, then spoke with him and still no action for 4-5 weeks. Spoke to the council, then the neighbour stopped harassing me with considerable noise through the early hours of the morning.

    I know what you mean, and prefer your approach, but with several things, have found it does not work unless the person is a reasonable person (which, in many cases, if you have a complaint such as mine, the person is not reasonable).

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      [Deactivated] on 14/08/2018 - 00:02

      +1

      Weird. In Brisbane the council 'doesn't handle domestic noise complaints'. You have to call the police, who may or may not show up.

      I've found soft polite complaints often work better. Messages from Strata mangers to tenants in small complexes where they know who complained make things very very awkward when you have to live next door.

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    HighAndDry on 14/08/2018 - 10:18

    This investor is making complaints, even though the residents aren't unhappy when I talk to them.

    To be fair, the vegetation is only blocking one person's windows.

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  salekhard on 13/08/2018 - 21:40

  In WA, you can take the Strata Corporation to SAT (State Administrative Tribunal). There should be a similar dispute resolution body you can plead your case with.

  Tbh - I'd just start pilfering it. It's on common property, and shouldn't be allowed in the first place.

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  tsunamisurfer on 13/08/2018 - 22:09

  Roundup

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  Davo1111 on 13/08/2018 - 22:12

  +1

  Its construction has never been approved in any strata meetings?

  you havent been?

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  [Deactivated] on 13/08/2018 - 23:58

  +8

  Ok. So are you on the committee? There are only 5 units so you probably should be if you're not. Make sure you nominate at the next AGM. If possible show up to the actual AGM, you'd be surprised how often only 1-2 people do and as such get to basically do whatever they want. (Also it's a huge pain in the ass if only 1 person shows up).

  Contrary to the previous poster who suggested the strata manager doesn't want to get involved, they quite possibly do because they get to bill you all when they do. With just 5 of you even them forwarding your request probably costs you a bit. I've seen some strata managers stir shit just to keep the gravy train running. Granted, I'm sure some just want the hassle free money.

  In QLD IF the other owner is breaching any body corporate by-laws this is really easy.

  Fill this out : https://publications.qld.gov.au/dataset/body-corporate-by-la…

  Send it to the body corporate manager.

  The body corporate should then handle it. If they don't, send it again.

  BUT, you probably shouldn't.

  An owner can maintain a garden on common property with the consent of the committee, the garden is however common property in this case. If it's for their exclusive use it can only be assigned via a motion without dissent (anyone disagrees it doesn't happen). The fact that the owner is being reimbursed means the property is being treated as common property, and this owner is maintaining the common garden. In many body corporates this is great, because it means not paying someone else for both labour and marked up materials to do this.

  Basically as an offsite investor owner you've erred badly. You really really want to get to know any onsite owners because they're going to be almost solely responsible for maintaining your properties value. I have no idea how bad this 'blocking your windows' is, but I'd seriously consider asking the bare minimum of them you can as a reasonable compromise. Going straight to the strata instead of the owner has probably put you between a rock and a hard place. In QLD you're able to get the contact details of all the owners from the body corporate roll and contact them directly. Most people are reasonable if you explain your genuine and reasonable concerns. It could also be that your tenant IS creating significant noise but the other owner stayed quiet about it until you went after their garden, because they never complained about it before doesn't mean it wasn't an issue before. God knows I've put up with a lot of shit from tenants for years before one final thing caused me to complain about all of them to the owner.

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  Pumpkin_rrr on 14/08/2018 - 09:56

  My first protocol is always a soft approach: talk to them and discuss the issue. Try and understand each other’s perspective. If they do not respond, then submit a complaint.

  I didn’t quite read what’s your complaint about. Are they breaching any by-law? Maybe not, given they have been reimbursed.

  Agree with Barg, I’d encourage you to join the Committee. It is quite alright to be in the Committee and live interstate. But I fear you might have alienated them too early now. Not really a good start but still possible if you deal with it nicely.

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  Strahany on 14/08/2018 - 16:34

  If it's on common property, would the OP/tenant be within their rights to trim the plants? Surely there is no specifics in the ruling that would delineate removing parts of the plant in the form of produce and removing parts of the plant in the form of clippings?