- This topic has 7 replies, 6 voices, and was last updated 10 months, 3 weeks ago by .
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The neighbour below me has erected a huge metal tent frame (think marquee size) in their front yard which reaches up to my balcony (I’m the floor directly above them, they’re ground level). It is completely visible from the street and is a terrible eyesore and is definitely affecting the use and enjoyment of my balcony. What worries me more though is the fact that someone could scale this metal structure and enter via my balcony into my apartment. It would also enable anyone who scaled it to step across to an adjoining balcony via my balcony. Apart from the personal safety risk, I’m concerned that the existence and position of this structure would void any contents or landlord insurance policy. The structure is not approved, the neighbour is an owner (as am I). Would welcome all thoughts on how I can approach this via the owner’s committee/strata manager and what Victorian by-laws are applicable. Thanks in advance!
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For a start, write to the committee and manager and express your concerns much as you did above. If they don’t know that anyone objects, it is unlikely they will do anything.
Get a copy of the strata plan and study it carefully. You’ll find you neighbour’s airspace above the front yard only reaches perhaps 2.5 metres above ground level. Space above that is common property.
I haven’t seen it but if the top of your tent/marquee can support the weight of even a light human, it must be pretty substantial.
- This reply was modified 11 months, 1 week ago by .
There are a number of elements to your concerns re your neighbour’s tent to consider when writing to your committee.
You should reference the by-law/s (e.g. altering the appearance of the building) that your neighbour is breaching when you write to the committee outlining your concerns.
You should also ask the committee if approval has been given for your neighbour to erect their tent, unlikely as that may be.
Be prepared for the committee to ask if you have approached your neighbour to express your concerns. Until you do that the committee may not take any action or do anything about your complaint. Your neighbour may firmly believe that the tent’s functionality outweighs how ‘bad’ it looks or any safety issues.
You neighbour may also be breaching a local council law or development approval if they are using the tent as an additional room for accommodation. However, local council response to an enquiry or a complaint from you may be muted with an “it’s something for your community to sort out” response.
Unless it is made of fire-retardant material, the tent itself poses a fire safety hazard which has to be managed by the committee on behalf of the owners corporation. Your building’s fire safety provider would be able to assess the risk or if any safety standards have been breached by the erection of the tent.
May the force be with you.
First things first, shouldn,’t you first try discuss this with the lot owner? It might be temporary, or permanent, but they’d likely tell you. Knowing so allows you to roll your eyes and go back inside, or know more to act as you are entitled, which would likely be go then to your committee re the bylaw breach, if it is intended to be for longer than acceptable. Good luck!
I’m suspending our ban on professionals being named in these pages – just in case there’s a good strata lawyer in Victoria who wants to get involved.
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.
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