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i live in a 6 unit block close to a harbour. My unit does not have an uninterrupted view of the water, unlike the three front units. ( the block is an L shape with 3 front units and 3 at the rear.My view or rather potential view of water and harbour glimpses is about 14 degrees, two thirds of which are through one of the front units balcony. No problem so far except the owners of this balcony has positioned 2 bushy trees in our line of sight on their balcony, effectively restricting our view to one third of its potential.
My problem is that, despite requests to position the bushes elsewhere on their balcony in the interests of neighbourly harmony, the owners refuse.
I would appreciate any advice regarding whether it is a legitimate approach to call a meeting to pass a bylaw stating that any plants above a certain height on a balcony that impede the enjoyment of another owners view, must be repositioned or trimmed.
Also does such a bylaw have any legitimacy when considered in Strata legislation or at a tribunal?
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You would be hard pressed to get a special by-law approved on the basis that in a six unit block you normally need a special resolution to be passed by all remaining owners, no doubt the “offending” owner wouldn’t support it. The situation becomes worse for you if a poll were to be demanded, if the other units had a greater unit entitlement value than yours. Also I don’t believe that you would get much support in a tribunal over a tree blocking your view, even though views are highly sought after and contribute to the value of your unit.
What would concern me is that the trees may have been placed without regard to the load bearing capacity of the balcony. They could be quite heavy when fully grown (including weight of soil, the pot containing it and the tree itself).
There have been many well publicised cases of balcony collapse in recent years, many of these involved heavy loadings though usually of people, and deterioiation of the balcony through corrosion. Might be better to pursue those aspects through Fair Trading and possibly the Tribunal, safety issues should elicit a more sympathetic hearing.
I would think this would come under the general heading of “interfering with the peaceful enjoyment of the lot” which should be somewhere in your by-laws.
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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