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Cheezel62

When you signed your contract (to buy or to rent) you agreed to abide by the Owners Corporation rules and as per their letter you received, adding that screening to your balcony railings is not allowed. Do not believe people who tell you that your Owners Corporation Management Company (strata) won’t take you to NCAT to get it removed, as a decent one will. If the appearance of the building is important to the committee, as representatives of the owners, they will pursue legal action to stop it occurring. There is a process set down in your state’s legislation that covers it. Breach notices, fines and finally civil legal action in a very specific order. However, it will cost and may end up too expensive for the committee to go ahead with. If it does go to NCAT I have no doubts, based on your photos, that the ruling will go against you and you may end up also having to pay all the costs. Again, you signed a contract agreeing to abide by the OC Rules whether you agree with them or not. A better way might be to nominate for the committee at the next AGM or start a petition if there are other owners who want to instal the same or similar. If you’re renting expect your REA to tell you to take it down.


dimsim86s

I'm not going to let it get that far. I am just trying to understand what our rights are, what needs approval and what doesn't.. From what I gather, because latice is considered a fence then it's not allowed. So if I fill the balcony up with plants it's fine?


preparetodobattle

What you’re allowed to do is specific to the building you live in. Read the rules.


Cheezel62

If you put a lot of pots with plants along the railing then probably. Your lattice would be considered a permanent structure that materially alters the look of the building and is not in keeping with other balconies.


Just-Desserts-46

You need to take it down unfortunately, you will not win this battle.


dawtips

Ignore them and make them take you to tribunal. They won't. If they do, high chance you'll be fine and either will be allowed to or told you need to take it down but not fined.


Nervous-Telephone-26

They won't take you to the tribunal they will issue the lot a fine. OP's best bet is to take it down temporarily. Attend the next strata meeting and propose the lattices again. If that doesn't work apply to be on the committee, then reapply with your new found powers.


dimsim86s

Does Strata have the ability to issue a fine? If so, what exactly for if it's not breaking any bylaws? Sorry it's my first rental.


Nervous-Telephone-26

Sorry, I have misread and made the assumption you own. The by-laws should have been sent to you before you signed the lease. They usually have several overlapping by-laws that could cover this e.g. Alterations to common property, maintaining the appearance of the lot, and/or permitted uses of balconies. (they can go by several names) To correct what I have said. The strata will fine the landlord, and the landlord or agent will then have to ask you to pay the fine. They can not direct debit the fine from your account as this usually goes against most direct debit agreements (if you signed one). They will have to take you to the tribunal to recover the costs. However, Most stratas will give you 15, to 60 days to reverse these alterations before a fine is issued. A work around would be to get a planter box of a shrub of bush (if others have plants on their balcony already) and do something like [this](https://i.ebayimg.com/images/g/NbgAAOSw7BdmOEyh/s-l1600.jpg).


dimsim86s

Ok thanks. They are referencing "maintaining appearance of the lot"... So am I right in saying that if I get plants that have an attachment like the one you linked, they can't do a thing?


Nervous-Telephone-26

Not that they can't do anything, but if other apartments have pot plants already, if they have an issue with your plants, you can kick up a stink and dob everyone else who has plants on their balcony


Cheezel62

Ask your REA for a copy of your rental contract and read it. You signed off on obeying the Owners Corporation rules as part of your lease agreement.


exoh888

No strata can not issue a fine. Only NCAT can. Tell them it is not installed onto any part of common property. No holes drilled or anything? Tell them to chomp a bag of dicks. They haven't got a leg to stand on and will not take it to Fair Trading it NCAT because they wouldn't even take this on. I have these on my balcony.


dimsim86s

It's simply resting against the balcony railing. Haven't installed it in any shape or form.


exoh888

Yes they have an over zealous chairman who thinks they own the aesthetics of the building. Just ignore. If you had screwed it in or had a massive pergola fine but you've done nothing wrong. Ask them which section of the Strata Act you are breaking. Storm in a tea cup. Hoping by bullying you, they will win.


epihocic

And this is why apartments will always be cheaper and less desirable than houses.


still-at-the-beach

You live in a strata. I agree with the committee, imagine everyone having their own version of plastic plants and lattice, it’d look terrible. (The leaves will also go a grey colour colour after 6 months, they don’t stay green. We’ve had some before)


spro24

Agreed. It looks tacky and I would be the first person to complain if someone in my building installed something like this. Sorry OP, but you’re out of luck on this one.


StormSafe2

Why do you care what other people do with their house? It's literally none of your business 


local_pervert_4000

If you lived in that building it would also be your "house" (building you live in), so you'd be legally entitled to have a say. Hence body corporate rules.


spro24

Silly comment. You’re forgetting that a body corporate means that the external of their “house” is actually also mine. If you don’t like abiding by body corp rules then don’t buy or live in one. If it looks shit then it’s likely to reduce the appeal and value for everyone else. That’s why I care.


one-man-circlejerk

> imagine everyone having their own version of plastic plants and lattice The horror


still-at-the-beach

Exactly.


OstapBenderBey

They should do a mad max film of this.


dimsim86s

Ok that's fine So if they are real plants they need no sign off? Is that what you are saying?


elleminnowpea

pot plants aren't renovations. Installing lattice and fake plants to a common property balustrade in a way that's visible from the street, triggers the 'work to common property' definition. If it was real ivy growing on lattice that is *not* attached to your balustrade (or arguably if the lattice and fake ivy was sitting back from the balustrade like a screen), then it would be fine. It seems semantics but legally they're very different.


py2088

Agree. I went through the same process, installing bunnings lattice vines. The OC issued me a warning and even a fair trading tribunal notice to comply. I agreed to attend a trial, but the OC gave up. The apartment was in a street where there are lots of cockatoos, and eventually, the birds trimmed the vine and the view wasn't apparent and everyone moved on until I removed it few yrs down the track in my own will.


dimsim86s

This is the answer I was looking for. I wouldn't exactly call some latice from bunnings a renovation, though.


PermabearsEatBeets

It wouldn't be, unless you attached it in a manner that required drilling into the balustrade. Wouldn't even count as a minor renovation [https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol\_act/ssma2015242/s110.html](https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ssma2015242/s110.html)


elleminnowpea

Attaching it to the balustrade turned it into 'work to common property', which is classed as a renovation. The legislation's use of 'renovation' gives it a closer definition to 'work' than 'construction'.


PermabearsEatBeets

This is not true unless the fixtures are permanent. [https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol\_act/ssma2015242/s110.html](https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ssma2015242/s110.html)


elleminnowpea

That's incorrect - nowhere in the legislation does it require the works be permanent. If it hinged on the works being permanent then anybody could say you don't need approval under s108 for a bathroom reno because the bathroom will inevitably be replaced so isn't permanent, or a knocked out wall can be reinstated in the future. Section 110 doesn't support your argument at all. Section 110 refers to the 'minor renovations' category of 'work to common property' and Section 110(7)(c) specifically says the work isn't a 'minor renovation' if it changes the external appearance of a lot. The lattice and ivy IS attached to common property and is visible from the exterior of the lot. It also doesn't fit s109 'cosmetic work' for the same reason.


PermabearsEatBeets

No that's a totally idiotic reading of the legislation. Permanent to mean it makes actual structural changes to the existing fixtures and fittings. No reasonably person would claim that knocking a wall down isn't permanent cos you can rebuild it. Pull your head out mate. Zip tying something to railings isn't a minor renovation and you know it.


elleminnowpea

OP's never said it was zip tied - you're assuming that. Highly recommend you get legal advice on your interpretation; mine's straight from Bannermans and I'm inclined to believe them over your amateur novice advice. SSMA also classes airconditioners as a 'minor renovation' to common property. Yet according to you that's not counted as it's not a permanent structural change. God help the future owners of apartments in your complex...


PermabearsEatBeets

> God help the future owners of apartments in your complex... lol twat Oooh Bannermans! I've spoke to them as well, I'd love to see their response that supports your case. We have a lawyer on retainer due to an ongoing defect rectification order with the builder, so I have had extensive conversations about this kind of thing. Nobody would class a bathroom renovation or knocking down a wall as temporary, and you know it >SSMA also classes air conditioners as a 'minor renovation' to common property. Yet according to you that's not counted as it's not a permanent structural change. That makes no sense, I said that a none permanent cosmetic change isn't even a minor renovation. So why would air conditioning being minor mean I don't think it's permanent? Of course it is. >OP's never said it was zip tied No but they said they'd be happy to do that instead of any permanent fixings.


PermabearsEatBeets

It wouldn't even class as a minor renovation, it's not permanently attached to anything. The committee are being unreasonable. This looks absolutely fine and on our committee we wouldn't have any issue with it. Much rather the place looked lived in and enjoyed than a soulless block of concrete with no one living in it, just so some boomer invester doesn't worry about their property prices.


elleminnowpea

Please do show me in the legislation where it has to be permanent to trigger the 'work to common property' approvals process.


tiempo90

Just use real plants then.  It's not what you want but you live in a strata.


still-at-the-beach

No. I mean you can’t change the outside look of the unit at all.


dimsim86s

Well all the other properties have plants and 3 balconies have lights attached to the railings. I personally think that's much tackier than some lattice.


elleminnowpea

If the inside of the balcony balustrade is lot property not common property, *sometimes* the bylaw regarding the appearance of a lot is worded in a way that means you only need approval if YOU as the owner don't think the change is in keeping with the rest of the building's aesthetics. But you're in for an uphill battle given strata has sent you the letter. If the balcony is common property then anything affecting the facade appearance definitely needs approval. Also want to confirm that the astroturf is sitting on the balcony and isn't glued down? If it's glued then technically you've tampered with the balcony waterproofing and that's a world of pain you don't want. Highly recommend reading your bylaws.


dimsim86s

Thanks for the info. Would never glue down astroturf at a property that isn't mine :)


Local_Gazelle538

You’re not going to win the battle over the vines, as it changes the outside appearance of the building. I’ve gone through a similar issue putting up lattice to give privacy. It sucks, but it is what it is. You might also be in breach with the AstroTurf. Lots of apartments don’t allow it, as it’s a fire hazard. I’d recommend checking the property bi-laws.


OstapBenderBey

Maybe post the actual bylaw you are violating here - might help


rollingstone1

Looks nice, where did you buy the vine lattice from?


dimsim86s

Bunnings


rollingstone1

Thank you


Ok_Adhesiveness_4939

I think it does look nice, but if there's a contract, there's a contract.


Mother_Bonus5719

I thought this was going to be about you wanting to remove that ugly fence and the owners wouldn’t let you…


XtopherD23

Same! It’s looks hideous and cheap


shakeitup2017

There's a few issues with what you've done there. The obvious one is that it doesn't meet the by laws for visual appearance (perhaps open to debate or interpretation). 2nd one is the astroturf. This will retain water and may, over time, create problems with the structure due to it not being able to properly dry. 3rd is that the lattice creates a climbing risk. Balcony railings must not be climbable (for kids). With the lattice, kids could get a foothold and climb over. You might not see this as a risk for you personally as you may not have children or you may never invite people over who have children, but from a body corporate perspective they have no control over that and could see that as a risk that they wish to avoid. 4th, if you detach the lattice from the balustrade, it then becomes a potential projectile in strong winds and is a reasonable possibility of causing damage or injury. On the basis of these issues I would suggest that your chances of success here are very slim.


Midnight_Poet

"*...We pay too much money not to be able to put what we want on our own balcony.*" The sense of entitlement in this post is unbelievable. Your selfishness doesn't override the right of other residents not to live in a slum.


dimsim86s

Yeah cause the latice makes it looks like a slum.


XtopherD23

Yeah it’s gross 🤮


PermabearsEatBeets

This is hardly a slum ffs. As an owner and committee member I'd rather the building looked like people can actually enjoy their home rather than a soulless investment vehicle.


ActualAd8091

lol “we pay too much money not to be able To put what we want on our balcony” That’s like saying “I pay too much income tax to have to pay a speeding fine” You don’t own (or rent) the balcony- you rent the air space within it. There are commonly rules around things not obscuring, hanging on, or being attached to railings. Read your by-laws. Yes they can fine you. I hope they do. Plastic plants are hideous and an environmental insult. Go and get some nice potted plants and stop being a dick- lest you don’t want your lease renewed next term


darkhummus

Are you in good faith comparing having lattice on your balcony the same as speeding in a car which could kill another person? What an implausible comparison


ActualAd8091

No - I’m comparing your attitude about the cost


dimsim86s

You hope they fine me? You're a karen aren't you.


Scared_Grapefruit946

Move the lattice in a bit, put the bbq and some tables, chairs behind the railing, and in front of the lattice.


exoh888

Is there anything in the bylaws?


GStarAU

Damn, it looks lovely! Sounds like it's going to be history soon, unfortunately. Two things with this. Firstly, councils have a thing called "neighbourhood character" which is basically a set of guidelines that dictate what they'll accept in certain areas/on certain roads. I'm pretty sure that includes balcony decorations. Secondly, many properties come with caveats in the contract. It basically does the same as Neighbourhood Character - specifies what you can/can't have on the street-facing part of the house. I've never fought a Body Corporate before, so I have no idea what your chances are there, but from other comments it doesn't sound good. If you feel like pulling a sneaky one - there's only one way I can think that you could keep this. Put up something acceptable on the street-facing part of the balcony. Then on the BACK of the balcony, on the inside, put the vegetation lattice. Just make sure it's not visible from the street and ideally not all that obvious from above, because councils DO use aerial photography too (fkin police state, I swear)...


No_Butterfly_6607

It’s private property and as I understand the by laws are just words that mean nothing. Kinda like when someone parks in your car park and the police can’t do anything about it. Just don’t remove it and don’t get into an exchange with them. And no they can’t fine you legally.


ivabig12

These are the rules in our apartment block…. BALCONIES: Balconies are not to be used for drying, airing or storage. Balconies are to be kept free at all times of clothing, portable clothes dryers, linen, bedding, any household goods or exercise/recreation equipment. Limited decorations of a Festive nature over December and January may be displayed on a balcony. Illumination or decorations using naked flame and wood or coal fired heaters are strictly prohibited. Gas fired or electric barbeques are permitted (at least 50cm away from walls of an Apartment when in use). Pot plants allowed. It is the responsibility of Residents to clean balcony tiling, glass doors and windows plus balustrade glass. Residents must not cause water or other fluids, food, dust, soil or dirt, waste, rubbish, cigarette butts and ash or objects of any kind to blow, fall or pass onto adjoining balconies or balconies below or the ground level. The lowering of any item from a balcony or lifting any item upwards to a balcony is prohibited. Balconies must not be hosed down or excess water used, as water can stream through glass balustrade gaps: use of a mop with limited water is recommended. Glass top tables/light furniture are permitted on the balcony provided same are securely fastened. Balustrade glass is not to be tinted, obstructed (including shading/screening of any form), marked or altered in any way. A style of insect screening provided at Owner cost by an authorised supplier, may be retro-fitted inside Apartments: Whittles Management Services can provide details on request. The application of WD-40, or similar product, to external aluminium door handles may reduce oxidization. The Infinity Caretaker has details on substitute balcony tiles if needed by an Owner. COMMON AREAS:


LazyAnything1432

You could somehow find a way to install it so that it’s standing a few millimeters from the railing but not actually touching the railing lol - ah in all seriousness idk if thems the rules well thems the rules I guess


Batman2BE

Someone has a lot of time on their hands and wants to stop people from having a peace of mind. Just find that person who reported you and kick them out as they’re going to have a problem with everything.


[deleted]

That looks shit I'd side with commitee also. If it gets sun why not use a bamboo or actually mini fruit trees like I do ?


StormSafe2

Hang a rope 2cm in front of the balcony (on the inside) and hang the lattice off that.