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We have an owner on the ground floor that has enclosed the whole area around their property giving them a much larger garden.
The title only has them owning the front porch area. They were never given permission to enclose the area.
Whilst at first we didn’t mind them having some privacy and security as they are at the front and everyone walks past on their way into the building, they now they refuse to give us a key to the gate and have added bolts.
We need access from time to time for pest, window cleaning etc which is often granted but sometimes we can’t get hold of the tenant.They have also planted a hedge in the area, which has no drainage, and it’s causing issues with our front wall – damp and movement.
They rent the property and this extra space would add to their rental income but the block gets no payment.
The strata manager doesn’t want to ‘open a can of worms’ by getting a legal opinion, but we know they have had their own legal advice.
We are worried that by doing nothing (and it’s been a long time now) that they’ll just be able to take the land stating that they have looked after it .
What can we do to make it clear that it is not their land, that we need access/keys and we want to take out the plants damaging our wall.
Thanks
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The strata manager doesn’t want to ‘open a can of worms’ by getting a legal opinion, but we know they have had their own legal advice. We are worried that by doing nothing (and it’s been a long time now) that they’ll just be able to take the land stating that they have looked after it .
Well might you be worried, reading this story in the SMH today about an owner who annexed part of their neighbour’s property and was granted ownership of it under “squatters rights”.
The strata manager should be told that opening cans of worms is their job. A polite but firmly-worded letter to the unit owners, explaining that they don’t own the land, that they need to come to an arrangement with the owners corporation for continued use and they must allow access, should be sent under recorded delivery as soon as possible.
As for their “legal advice” I”ll bet it’s just a case of being told to sit it out and not allow the owners corp representative on to it, so that can claim adverse possession eventually.
Get your strata manager a can opener – or get a new strata manager and, most importantly, talk to an experienced strata lawyer about your options.
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.
You and whoever else you can muster in your Owners Corporation need to go in hard and fast on this. It’s a straight out ‘land grab’. I’d sideline the Strata Manager and get your Strata Committee to go with you if you can… or just other owners who are being disenfranchised – had a lend of.
Have the Strata Committee (or alt-Strata Committee if need be 🙂 tell them in writing they have two weeks to remove the gate, fence and hedge (if deemed necessary). If they don’t, you need to get a tradie to do it – ‘at arms length’ to the OC.
Yes, this makes me cranky! Here’s why. Over about 10 years in our block, the 12 ground floor owners were allowed to have their own little gardens and outdoor areas on Common Property. It worked well and lessened the OC’s gardening spend. But then a few were sold, one by one, and the expectation was they were ‘garden units’. Of course real estate agents wrongly claimed they were. Noisy and disturbing gatherings, parties even, were held and this building definitely was not designed with this in mind.
Then one day a couple of bollards joined by a cable went up. Two weeks later a fence with locked gate. Though these were bought to their attention, the Strata Committee did nothing. Predictably a month or so later at the AGM there was a fortunately badly researched, poorly written by-law on the agenda, attempting to give ground floor owners Exclusive Use of the land in front of their units without having to pay for it. It was painful for all concerned but this was headed off at the pass.
Act now Wondering, before it gets any worse. This land belongs to all owners, not the one owner. It’s not free land.
Land grabs. I certainly know of one in my block. My fellow EC member/owner/friend felt that we took our eye off the ball with that one. It was bad. We trusted this person and we got screwed over. Never again. We keep pushing back to take a stand against repeat recolonisation. These land grabbers are like white collar criminals that need to be stopped in their tracks.
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