Gardening is a favourite hobby for loads of Aussies, but if you’re in a strata property in New South Wales, it’s key to know the special rules about gardening rights. From gardens shared by everyone to planter boxes on balconies, getting your head around the ins and outs of strata gardening might seem tricky for owners, folks living there, and even the strata managers.
In this comprehensive guide, we’ll explore the ins and outs of strata gardening rights in NSW, clarifying the differences between common property and lot property, outlining approval requirements, and discussing the role of by-laws in regulating gardening activities. By understanding your rights and responsibilities, you can cultivate a thriving garden while maintaining harmony within your strata community.
Common Property vs Lot Property Gardens
In strata schemes, it’s important to understand the difference between common property and lot property gardens. This distinction determines where you can garden and what areas are shared among all residents.
Defining Common Property
Common property refers to the areas of a strata scheme that are shared and maintained by the owners corporation. This typically includes:
- Lawns and landscaped areas
- Driveways and walkways
- External walls and roofs
- Stairwells and elevators
Gardening on common property is generally the responsibility of the owners corporation. They may engage professional gardeners or rely on volunteers from the strata community. Individual lot owners and occupiers are not permitted to make changes to common property gardens without prior approval from the owners corporation.
Understanding Lot Property
Lot property encompasses the individual units or apartments within a strata scheme, as well as any areas designated for the exclusive use of a particular lot owner. This may include:
- Balconies or courtyards attached to a lot
- Parking spaces allocated to a specific unit
- Gardens or terraces that are part of the lot
Lot owners have more flexibility when it comes to gardening within their designated areas. However, they must still adhere to any relevant by-laws and obtain necessary approvals for significant changes. For example, a lot owner may need permission to install a pergola or make substantial alterations to their balcony garden.
It’s crucial for lot owners to review their strata plan and by-laws to determine the exact boundaries of their property and any restrictions on gardening activities. Encroaching on common property or failing to maintain lot gardens properly can lead to disputes and potential penalties.
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Approval Requirements for Gardening
Gardening activities within a strata scheme require specific approvals to maintain compliance with strata laws and protect common property. Lot owners must obtain written permission from the owners corporation before undertaking any gardening work on common property.
Seeking Permission from the Owners Corporation
The owners corporation must give written approval before any gardening activities can begin on common property. This includes planting new trees, creating garden beds, or modifying existing landscaping. For smaller schemes, the strata committee may have the authority to approve basic gardening activities.
When seeking approval, lot owners should:
- Submit a detailed written request outlining proposed gardening plans
- Specify the location and types of plants intended for use
- Provide information about maintenance requirements
- Wait for formal written approval before starting any work
Types of Approvals Needed
Different gardening activities require varying levels of approval:
- Cosmetic Changes: Minor gardening like planting small plants or maintaining existing gardens may need basic approval
- Minor Works: Installing raised garden beds or small landscaping changes typically require strata committee approval
- Major Changes: Significant landscaping modifications or structural changes need approval through a general meeting
The owners corporation may also need to consider:
- Impact on building structure and common property
- Water usage and drainage requirements
- Maintenance responsibilities
- Insurance implications
- Compliance with local council regulations
By-law Considerations in Strata Schemes
By-laws play a crucial role in regulating gardening activities within strata properties in New South Wales. These by-laws are rules that all owners, occupiers, and visitors must follow to ensure a harmonious living environment. When it comes to gardening, by-laws can cover a wide range of topics, from the types of plants allowed to the maintenance responsibilities of lot owners and the owners corporation.
Creating and Amending By-laws
Strata schemes have the power to create and amend by-laws related to gardening through a special resolution at a general meeting. This means that at least 75% of the votes cast must be in favour of the proposed by-law or amendment. Once passed, the new or amended by-law must be registered with NSW Land Registry Services within six months to take effect.
When creating or amending gardening by-laws, strata schemes should consider factors such as:
- The overall aesthetic of the complex
- Safety concerns, such as fire hazards or trip risks
- Maintenance requirements and costs
- Impact on common property and other lot owners
- Compliance with local council regulations
It’s essential to strike a balance between allowing individual lot owners to enjoy gardening while maintaining the integrity and appearance of the strata property as a whole.
Common By-laws Affecting Gardening
Some common by-laws that impact gardening activities in strata properties include:
- Restrictions on plant types: By-laws may specify the types of plants allowed, such as prohibiting invasive species or limiting the height of trees and shrubs.
- Maintenance responsibilities: By-laws often outline the maintenance duties of lot owners for their exclusive use areas, such as balconies or courtyards, and the owners corporation for common property gardens.
- Alterations to common property: Any changes to common property gardens, such as planting new beds or installing irrigation systems, typically require approval from the owners corporation via a by-law or resolution.
- Use of fertilisers and pesticides: By-laws may regulate the use of chemicals in gardens to minimise potential health risks and damage to the property.
- Watering and water restrictions: During times of drought or water restrictions, by-laws may limit the watering of gardens or mandate the use of water-saving techniques.
Lot owners and occupiers must familiarise themselves with their strata scheme’s specific by-laws related to gardening to ensure compliance and avoid potential fines or legal action. If a lot owner or occupier believes a by-law is unfair or unreasonable, they can seek to have it amended or repealed through the proper channels, such as raising the issue at a general meeting or seeking mediation through Fair Trading.
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Common Disputes Over Gardening in Strata Properties
Gardening disputes in strata schemes often arise from misunderstandings about common property use and maintenance responsibilities. When lot owners or occupiers make unauthorised changes to gardens or fail to maintain their designated areas, it can lead to significant conflicts within the community.
Disputes Over Common Property Use
Unauthorised planting or removal of vegetation from common property gardens is a frequent source of tension. Some lot owners may plant vegetables or remove existing plants without obtaining proper approval from the owners corporation. This can result in increased water bills and damage to the overall landscaping scheme.
One common issue involves residents using common property areas as their personal gardens. While some owners may have historically maintained certain areas, this does not give them the right to make changes or remove plants without authorisation from the owners corporation.
Resolving Disputes Through Mediation
When gardening conflicts arise, mediation offers an effective path to resolution. The owners corporation should first attempt to address issues directly with the lot owner or occupier through written notices about by-law breaches.
If initial communication fails, the next step is formal mediation through NSW Fair Trading. This process brings parties together to discuss concerns and find mutually acceptable solutions. For example, the owners corporation may work with residents to establish designated community garden areas or create by-laws that allow limited personal gardening activities under specific conditions.
The strata committee can also propose new by-laws or amendments at a general meeting to better regulate gardening activities and prevent future disputes. These might include guidelines about plant types, maintenance responsibilities, and approval processes for garden modifications.
Conclusion
Living in a strata scheme requires understanding and respecting the rules around gardening activities. The proper balance between individual gardening desires and community interests helps create harmonious strata living. By following approval processes and working within established by-laws, residents can enjoy gardening while maintaining the scheme’s overall aesthetic and functionality.
Successful strata gardening comes down to clear communication between lot owners, the owners corporation, and strata managers. When everyone understands their rights and responsibilities regarding common property and lot property gardens, the community benefits from well-maintained and appealing outdoor spaces.
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