Have Been Asked Not to Dry Our Washing on Common Property of Strata Unit

legendary-noob on 10/05/2019 - 16:34
Last edited 10/05/2019 - 18:34 by 1 other user

Background -

Living in a unit, ground floor.
No balcony but the area underneath balconies of units above (outside our unit) is partially fenced up by strata as good faith to previous owner. Unit is south facing - not getting much sunlight.

Ever since newborn arrived, we've been hanging his clothes (not ours) on common property for 3 reasons:

  • sunlight - we don't get much of that from our "so called balcony"
  • clothes lines is right in front of our unit - meaning it doesn't get much sun too
  • 2 units above us appear to have a small garden and she washes her balcony everyday - sprout from balcony leads water with soil dripping / (sometimes) pouring right in front of our unit, which is very unhygienic if we hang our washings (for newborn) in our balcony or clothes lines given he's got severe allergies.

Is it an eyesore that can be seen from street? Definitely not. Our ground floor unit is ~5m elevated from road level - you'd have to climb up the stairs to notice its there.

Recently been asked not to put our washings (for newborn) out on common property. Paraphrasing the email : its a breach of bylaw to hang washings out on common property. I wrote back asking for a temporary waiver, stating that I now intend to move out but would take sometime to sell and get another property. Also said that whilst i can understand the bylaw, it is actually not practical to follow as it means all ground floor residents are not allowed to put washings in area just outside our units which is what everyone else does (ground floor units dont have balcony, just an unenclosed area underneath balcony areas. Area is deemed common property).

Now i know this is an uphill battle - but I wanted to know what other options do I have?
I am happy to hang the washings in my "balcony". The issue is dirty water from above.
Sunlight is ideal but I can live without it if at least i don't get the dirty water issue.
Also, it was that unit owner who complained about us hanging laundry outside.

Home & Garden

Comments

  • sghetti on 10/05/2019 - 16:42
    +2

    Have you explained the issue to them about your upstairs neighbour washing their balcony and getting your washing wet/dirty?

    • wizzy on 10/05/2019 - 17:18
      +1

      This. The neighbour may have no idea that this is happening. Once you explain what is happening (calmly and nicely), she will hopefully stop washing her balcony when you have clothes drying or agree that it is ok for you to hang clothes on common property instead.

      • legendary-noob on 10/05/2019 - 17:39

        already did. in fact the strata committees spoke to me before they made it formal. i have explained to them.
        i saw sympathy but no outcome. everyone following the bylaw as gospel. i can see why its important but i feel could have been managed better.
        i also spoke to the lady 2 units above. feeling that i got was she didn't care. continued washing balcony as she likes but doesn't want laundry on common property.

        the lady directly above me has a cat - i think its a breach of the bylaw too.
        Despite being unhygienic because its furs were collecting on my insect screen, i could handle it when i was still single.
        i considered the fact she was a single old lady and the cat was quite important to her, so i have kept quiet for the last 8 years.

        point being - just be considerate to the neighbor which is the original intent of the bylaw
        just because you don't like it and can complain doesn't mean you have to

        • wizzy on 10/05/2019 - 17:47

          I'm sorry that talking to her didn't work. The only other thing I can think of is buying a clothes dryer.

        • franky82 on 10/05/2019 - 19:48

          From your response I'm not entirely sure if you've actually spoken to your neighbour as of yet. If she does lack basic decency, you may have to let her know that your next step is to report the fact she has a cat to the body corp, as she appears to be unable to play with others nicely. However the risk of this is that the body corp has already given her permission/ or will give her permission to keep the cat (unless you are able to convince them to block her on this).

          The other option is to join the body corp which may give you more leverage (and enable you to manage any further antisocial behaviour she starts to engage in). Unfortunately the body corp are likely to be very determined NOT to let you hang your washing where you need to (even though this is fair), as they will be worried that you'll create a precedent and they'll then have to stop everyone else doing the same thing. Maybe by joining your committee you may be able to convince members to pass a motion that patio cleaning should only happen on specified days of the week or something similar?

          The other option (and this spending on your state) is that you may have some option to complain to a government body that arbitrates body corp disputes (this depends on your state), and complain that the neighbour's activities are making your exclusive use area unusable.

          I really hope you're able to sort it out. Living in a body corp is anything but hassle free or cheap :(

          • crashloaded on 10/05/2019 - 23:57

            @franky82: No Pets bylaws in strata apartments has been beaten in numerous cases in court to the point that those bylaws are now useless.

            • franky82 on 11/05/2019 - 00:45

              @crashloaded: The focus of my comment is on what this old lady believes is possible and what remedies she is likely to pursue if she wants her cat to stay. The whole idea is to force her hand on the patio/clothesline issue, as there's a very good chance she lacks the education/ resources to pursue this through a tribunal or court and will likely to find it easier to behave less like an a-hole.

              • crashloaded on 11/05/2019 - 02:06

                @franky82: On the contrary I don't think the body corp would spend the money on legal fees to pursue the breach because of case law.

                I see your point though.

                • legendary-noob on 11/05/2019 - 12:45

                  @crashloaded: Point is. Bylaws are at times outdated. It’s actually more important to be considerate to others and bylaws should only come in when you can’t absolutely tolerate pricks. I’m just annoyed with the fact that the lady was (from my perspective) effectively saying She will continue watering my plant, the water flows on common property which is totally within her rights, and just don’t hang washings outside. Fine for now nothings affecting you and you’re being inconsiderate to ground floor unit owners. Just pray that sometime down the track you don’t get in a circumstance that may mean you’ll breach the bylaw and then you play innocent wanting people to be more considerate. Lucky for her I won’t be in the complex by then.

  • Meho2026 on 10/05/2019 - 16:43
    +3

    Easy, just call the strata manager and tell them the only reason you have been hanging your washing there is because the old bag upstairs pours water over her balcony every day and the dirty water soils your drying laundry and shes effectively made your designated area underneath her balcony unusable.
    If youre really moving out and feel like causing trouble, add that shes made your life hell since youve lived there to the point you have no option but to sell up.

  • crashloaded on 10/05/2019 - 18:04
    +5

    All i can say is welcome to strata living! It can be a real pain in the ass.

  • TheMindsetTraveller on 10/05/2019 - 18:31
    +4

    Buy a clothes dryer - yes bad on electricity but practical for apartment living.

    • crentist on 10/05/2019 - 20:47

      see if you can find a used, and REALLY noisy one. turn it on when you leave the house

  • oscargamer on 10/05/2019 - 19:06
    +2

    Just out of curiosity, what penalty can be applied to you for breaching that particular bylaw?

    • TheMindsetTraveller on 11/05/2019 - 08:16

      End result nothing; you can end up at a relevant Tribunal, orders can be made for a person to comply however IF that person does not comply, then there are no powers to enforce those orders. There are also no powers to impose monetary penalties either.

      However lets say you hang your clothes on common property, strata can pursue you for loss of amenity/enjoyment/damage to common property. Hang the clothes on your balcony, expect nothing to happen. A few written notices for breach and request for you to comply but nothing else.

      Would be interested to get feedback from any strata managers out there though.

  • jug123 on 10/05/2019 - 20:50

    Most Stratas have a no washing outside policy unless on a clothesline. I know ours clearly states it in the bylaws

  • tsunamisurfer on 10/05/2019 - 21:17
    -4

    Can we change the title to….We bought into a Strata complex but wish to circumvent bylaws….help please?

  • Markmathews on 11/05/2019 - 10:14
    +1

    Hi. i take quite a militant attitude to these matters. If my neighbours substitute common decency for by laws then I substitute my humanity for a psycho. I would flout every conceivable by law, especially given you are thinking of selling. I would leave my Stereo at full tilt while I'm out. I would dump my rubbish on top of the common bins. I would also kidnappe the cat for a period of 6 days and then repeat every 2 weeks. Any communications would be met with incontinent obscenity followed by vague insinuations of housed munitions.

  • legendary-noob on 11/05/2019 - 12:36

    Just to clarify. The lady directly above has a cat. We’re cool. I just don’t find fault. It’s the lady 2 units above that’s causing me grief.
    But sounds like my hands are tied. Thanks for the feedback. Rest assured I’m not going to cause others grief. I particularly believe in karma and don’t want to be doing things that cause discomfort to others when I have a young son learning the importance of ethics and moral values.

    • Markmathews on 11/05/2019 - 14:02

      Yes. Your hands are tied if you believe in karma. My kids only recently discarded the Santa Claus story. That they would get stuff if they'd been good was about as stupid and dangerous idea ever foisted from above.

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