VIC: Q&A - When the Lot Owner Next Door Takes Over the Garden

A Victorian Lot Owner wonders what to do about a neighbour who has taken over the common property garden without approval. Alex Smale, Owners Corporation Manager at The Knight suggests the best solution would be to using a key safe.

Question: The minority lot owner in a three lot scheme has progressively taken over the common property garden with pots and garden furniture. No approval was sought.

We own 2 units and 74% of a small (3 unit) Owners Corporation Plan in Victoria. The 26% lot owner has progressively taken over half of the common area courtyard with over 40 pots in various stages of neglect, a market umbrella and garden furniture.

We have the standard Model Rule that states:

"An owner or occupier of a lot must not, without the written approval of the OC, use for his or her own purposes as a garden any portion of the common property."

No approval has been sought or given. What are the majority owners’ rights?

Answer: The minority lot owner is in breach of several Model Rules

The minority lot owner is in breach of several Model Rules. This includes 4.3 Damage to common property & 4.1 Use of common property:

  • Model Rule 4.3 (1): An owner or occupier of a lot must not damage or alter the common property without the written approval of the owners corporation.

  • Model Rule 4.1 (1): An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.

  • Model Rule 4.1 (2): An owner or occupier of a lot must not, without the written approval of the owners corporation, use for the owner or occupier’s own purposes as a garden any portion of the common property.

They are also in breach of part 7, section 130 of the Owners Corporation Act which states that a lot owner must not use or neglect the common property in a manner that is likely to cause damage or deterioration to the common property. Read More…