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I stopped them taking my balcony window

Discussion in 'Legal Issues' started by Darlinghurst Boy, 5th Aug, 2015.

  1. Darlinghurst Boy

    Darlinghurst Boy Well-Known Member

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    About 5 years i had a window installed on my small outside balcony becauseof pigeins coming in.
    The balcony is very small with a airconditioner unit on it.

    Today a builder knocks on my door to say he needs to take my window out and put a flyscreen wire in as all other units have it.
    I told him the window blocks out noise and weather,he said no he will be back in the morning.
    You see where i put the green paint, this is where next doors window is and they try to look into my unit and out their TV right where the paint is creating noise.

    I phoned the building caretaker who told me that my building needs to have a wire screen put up just like other units.
    The strata manager put the phone down on me.
    I phoned the Dept of Fair yrading they have told me to deny them entry but they still have the right to take my window down.
    The point is i have had my window up on my small balcony for 5 years, it hasnt bothered anyone, it has kept the noise and my neighbours privacy.
    The balcony , claims the building manager is part of the strata.
    So they will put a wire flyscreen there.
    Do i have to let them in my house?
     

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    Last edited: 5th Aug, 2015
  2. EN710

    EN710 Well-Known Member

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    Not sure about your strata, but mine consider balcony as restricted common area, aka. it's part of the strata.

    Did you seek approval when installing those windows? and what's the reason for the wirescreen?
     
  3. Darlinghurst Boy

    Darlinghurst Boy Well-Known Member

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    5 years ago there was old chicken wire on every landing/balcony.
    So pigeons were getting in and i had to call the building manager to come snd repair it plus noise from next doors televisin so i decided to get a window installed which has been great.
    Next thing today some builder at my door requesting entry to remove it.
    As far as im concerned if they want to remove it do it from outside.im on level 10

    Now i will only have flycreen wire there which means rain will come in, sounds crazy doesnt it ???
    I told the building mamager this who was quite symapsthetic, he said he is only following strata orders so i will have rain etc now coming into their landing balcony area.
    Not to mention noise from next door and outside and dust etc

    So they knocked on my unit door saying that they will remove the outside window tommorrow morning and can they come through my unit ?
    I said no.
    As you can see by the rope in the pics they have a cable car going up and down so i guess they will have to remove it from the outside.
    I certainly wont be paying for it.
    I cant see the sense in removing my window to put flyscreen there which will let all the dust and noise in.
    Behind the green paint on the window is next doors window and thats where they put their TV literally 1 metre from my bedroom window.
    Now there will be a flyscreen there which i will have to try to put a curtain on and noise will now come in.

    I dont have to give them access to my unit do i ?
     

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    Last edited: 5th Aug, 2015
  4. sanj

    sanj Well-Known Member

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    if u want freedom to do what u want on the outside of your building by a house and not an apartment.

    you cant go altering the exterior of the property without strata approval, im sure you know this.
     
  5. Chilliblue

    Chilliblue Well-Known Member

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    Assuming NSW, the majority of balconies would be common property and as such the Strata Plan has final say within agreed terms.

    Unfortunately, you made an unauthorised improvement and have been fortunate to date that no one has asked you to rectify.

    The glass is going to be replaced so why pick a battle on that. I would be more concerned that you did not received appropriate notification of the works to occur.

    Ask for a copy of the By Laws if you did not get one and start reading.
     
  6. spludgey

    spludgey Well-Known Member

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    1. They're in the right, you're in the wrong, sorry.
    2. They're doing you a favour in terms of your electricity bill. Let me guess, in summer it's incredibly hot on your balcony when you run your aircon inside and in winter it's freezing out there when you heat your apartment?
     
  7. Darlinghurst Boy

    Darlinghurst Boy Well-Known Member

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    The point is it has never bothered anyone the last 5 years.
    Secondly the noise from next door where they put their TV right near my balcony ledge will now come into my unit.

    And im not giving them access to my unit to take down the window, there is no need to take it down to put a flyscreen up .that means more noise more dust and more people can now see thru the flyscreen wire into my unit.
    The unit is going to be very cold with weather and a thin glass internal window .

    Most times i have asked this strata to do repairs and they always find an excuse that its not their problem.
    The airconditioner motor unit belongs to the Strata and its on the balcony landing so obviously its going to get wet .
     
  8. Darlinghurst Boy

    Darlinghurst Boy Well-Known Member

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    Well i didnt receive notifica tion only just today.
    So take my window down and put up a flyscreen wire.
    Seems crazy to me.
    The window of next door faces into my landing so all the noise from their TV will now flood my unit at night not to mention my music will now go into their unit and they persist by slamming their windows to tell me.
    I painted the left side of the window as u can see because next doors window is there on the side, then they put their TV there which will be 1 metre away from my bed., even though i have a internal window it still doesnt keep noise out,

    No they wont be getting access to my unit , they will have to do it by the outside cable car thing .
    Replacing everyones landing with see thru flyscreen is ridicilous
     
    Last edited: 5th Aug, 2015
  9. EN710

    EN710 Well-Known Member

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    1. It's an unauthorised improvements. They could have asked for it to be taken down the day you put it on, or months later.
    2. If you want to keep it, than apply for approval to keeping the window to the Strata and the Committee. Explain why it is reasonable to do so - aka. how it's not going to impact others. This is not about how it's going to impact you.
     
  10. Darlinghurst Boy

    Darlinghurst Boy Well-Known Member

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    Just spoke to Dept of Fair Teading, they have no right to enter my property unless a emergency so if they can take out the big window from the outside then good luck to them.
    Everything was going ok until tiday and they want to interfere in my privacy .
    If they gave me enough time i would have asked them to accept my window but 24 hours notice ?

    Under Strata Schemes Act 1996 im denying them entry to my unit .
    The Strata Schemes Act makes interesting reading but im sure there is a 2015 act coming in soon.
    I will have to get a Strata Lawyer to go to the Tribunal if they attempt to charge me for window removal.
    Apparently the new 2015 Strata Laws have more resident rights but they are not in force yet.
     
    Last edited: 5th Aug, 2015
  11. Chilliblue

    Chilliblue Well-Known Member

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    Just be a good lot owner and make a formal written request that the screen be delayed until the Strata Plan has had time to assess whether you are able to keep the existing glass keeping emotions aside.

    If you are not given approval, then let them install the screen and get yourself onto the committee you know what is being decided on and have a read of the by laws.

    You do know that there will be additional costs for (not to mention is may not be as good as installing) the screen from the outside of which you will be bearing some cost?
     
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  12. Darlinghurst Boy

    Darlinghurst Boy Well-Known Member

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    I have been paying special levys the last few months of $2299 plus our $1100 Strata fees every 3 momths .
    Thats been $3300 the last three Strata levies, its bordering on ridicilous and when i try to save them money by installing my own window they want to take it down to put a long flycreen mesh up ??
    Making the building nice by putting black flyscreen mesh on every ones landing doesnt make it look nice !!!
    I can see through it from outside the building plus the color black ?
    I really hope it gets holes in it and i have to keep calling them out.

    Once the screen is up i will have to buy those wooden privacy bamboo things from bunnings to stop the neighbour looking in from his window not to mention his TV sitting on his window ledge.
    I will be their worst nightmare , i will study these strata laws and make then to repairs to my unit , windows, walls, the whole lot .
    they want to play games with me.i never bother them for repairs to my unit not once but now i will start .
     
    Last edited: 5th Aug, 2015
  13. Chilliblue

    Chilliblue Well-Known Member

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  14. Darlinghurst Boy

    Darlinghurst Boy Well-Known Member

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    Thanks, interesting reading.

    Just reading the not yet passed 2015 Strata Laws where the Strata Committee will have the power to fine you, this seems outrageous when we have corrupt members on Strata committees.
     
    Last edited: 5th Aug, 2015