An NSW Lot Owner is wondering how to stop an upstairs neighbour from washing down their outdoor area and causing water dripping over the balcony?
Table of Contents:
- QUESTION: In our small strata some units were allowed to enclose their balconies. Now, when residents wash their windows etc, the water flows onto the enclosed balcony windows below. Our meeting minutes show years of rising tensions. How do we overcome this?
- QUESTION: Our strata chair has stated we can only wash our balconies before 7am or after 10pm. This seems unsafe. Can the strata Committee impose such rules?
- QUESTION: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop?
Question: In our small strata some units were allowed to enclose their balconies. Now, when residents wash their windows etc, the water flows onto the enclosed balcony windows below. Our meeting minutes show years of rising tensions. How do we overcome this?
We are a small 14 unit complex in NSW where bylaws were created to allow enclosing of balconies for some units. Just over half of the units have been enclosed from the top floor to ground floors.
Drainage is via a pipe at one end of the balcony that does not extend very far out and there is no “lip” on the balcony edge to contain water. When hosing down windows, frames and ceilings of the balconies to clean off salt and grime, the water flows over the edge onto the enclosed balcony’s windows below.
Our meeting minutes show tensions have risen for years since this unforeseen consequence of enclosing balconies for some and not others. This tension has risen to the point where this majority of people with balconies can vote that no cleaning can be done on balconies – not even the glass railings – ever – and no pot plants are allowed on balconies. Any compromise e.g. cleaning in the rain, becomes heated with raised voices.
This is not ideal when these fixtures need cleaning for maintenance and aesthetic purposes.
How can a bylaw for some not allow others to maintain their common property? What can we do?
Answer: The “defect” should be rectified rather than restrict non-enclosed lots from cleaning or having proper use and amenity of their balconies.
A by-law that restricts you from cleaning your own balcony or prohibiting pot plants may be invalidated because it is harsh – either the enclosed lots or the owners corporation should rectify this “defect” rather than restrict non-enclosed lots from cleaning or having proper use and amenity of their balconies. Further, the terms of the by-law for balcony enclosures should contain a provision that their works must not cause nuisance or hazard to other lots.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #612.
Question: Our strata chair has stated we can only wash our balconies before 7am or after 10pm. This seems unsafe. Can the strata Committee impose such rules?
We received an email from the strata chairman stating we can only wash our balconies before 7am or after 10pm to avoid annoying neighbours who use their balconies between these times.
This seems absurd. Most residents in the building are over 70, so it would be unsafe to be doing this so late and in the dark. Also, if we were to employ professionals, they wouldn’t work during these hours anyway.
Can the strata Committee impose such rules?
Answer: No, the strata committee cannot unilaterally impose such a restriction.
In our view, no, the strata committee cannot unilaterally impose such a restriction. A by-law would need to be passed and registered to enforce this restriction. However, a by-law cannot be unjust, harsh, unconscionable or oppressive. The restriction to which you refer may be construed as overly restrictive or oppressive.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #543.
Question: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop?
My neighbour above insists on washing / hosing down their outdoor area, causing water dripping over my balcony and cascading down my glass sliding doors and onto the tiles below. They regularly use bleach for cleaning and this also washes down onto my outdoor area. While sitting outside enjoying our space, we have often been splashed by torrents of water from above.
I have politely requested the neighbour stops washing their balcony with water. This only means they wait until they think there is no one home in our apartment and then carry on as before.
This activity is disturbing the amenity of my property.
What rights do I have to make them stop?
Answer: Your neighbour may not use their lot in such a way that causes nuisance or hazard to you.
You should first check the by-laws that apply to your scheme. Some newer schemes have by-laws that regulate water run-off balconies and the types of products that may be used when cleaning outdoor areas. Irrespective of the existence of a by-law, the water escape will likely constitute a nuisance/hazard under the strata legislation which basically states that your neighbour may not use their lot in such a way that causes nuisance or hazard to you.
You should also contact your strata manager and explain your situation, who will hopefully issue a letter to encourage your neighbour to stop causing you nuisance/hazard.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #213.
These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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We live in a 13 story apartment building on the 6 th floor and also have an enclosed balcony.
Our Body Corporate has done very well by giving owners a weekend 4 times a year when they can hose / clean their balconies. Every floor starting at the top gets one hour to attend to the hosing down of their balcony. This is done over the whole weekend and notice is given at the start of each year and notices put on the notice boards 2 weeks prior. We organise someone to clean our windows the day after it is our turn.
This has worked very well for the 16 years we have lived there and have never heard complaints from other owners. This of course doesn’t prevent occupiers to clean their balconies at other times however they will need to block the drain pipe so occupiers below them are not disadvantaged.. There have been no complaints from owners at our meetings or open forums.
Thanks so much for sharing, ietje. It sounds very sensible. Glad to hear your building has found a solution that seems to work for all.
Unfortunately there is lack of community spirit and consideration to others nowadays. Have asked and reminded the neighbors not to do so multiple times but they simply choose ignoring the request.
Also it is a building design over form, some builders even “forgot” to put the drain in or installed a non compliant drain or no overflow drain; excessive water has nowhere to go or even worse backflow into the unit.
Poor residents on the lower floors have to live with the outcome from the poor building design & inferior workmanship; furthermore the mediation or notice to comply process is not efficient enough to assist the situation. Regrettably, It is the reality of strata living these days.
I Clean my balcony while it’s raining. Or between showers. Avoids problem. Lower balconies get wet anyway
Chemicals should be diluted except that might still be a problem
How should an upstairs neighbor clean their membrane covered balcony without causing some water run off?
What if the balcony of the unit above also has a drain, for this particular purpose, yet they still push water (possibly soapy) off the edge which drips down into my courtyard where I have plants?
Hi Veronica
We have received the following response back from Leanne Habib,
If they are deliberately doing this, this may still constitute a nuisance, however, you should also investigate the possibility that the drainage system may be ineffective/poor (which in turn could be a common property defect, requiring rectification).