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QA Neighbour’s Offensive Decorations

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Question: My downstairs neighbours have unsightly and offensive objects in their window. Our building is a very nice, refurbished block and their window display is inconsistent with the rest of the units.

I am a lot owner in the process of selling my apartment.

The tenants in the apartment below have unsightly and offensive objects (e.g. Halloween related) in their window. The window is situated directly in front of my car space. The items have been there for several months.

Can I request that the owners corporation ask the tenants to remove these offensive objects? I’m concerned they will put off potential buyers. It is unlikely that these objects will be removed anytime soon.

Our building is a very nice, refurbished block and the way they keep their window is inconsistent with the rest of the units.

Answer: Determine if the owners corporation has special rules that it could compel residents to not install objects in their windows that are visible from street view.

The owners corporation is empowered, through the model rules, to provide reasonable consent to owners/tenants on proposed alterations of their exterior lot. Decorations visible from street view would unfortunately not form part that model rule.

That said, the owners corporation is also empowered to make special rules of not permitting owners to install objects on windows that are visible from street view.

Before you decide to approach the owners corporation to require the tenant to remove the Halloween decorations (as it is well after Halloween), it is prudent that you determine if the owners corporation has special rules that it could compel residents to not install objects from their windows that are visible from street view. Absence of such a special rule, in our view, would unfortunately not permit the owners corporation to compel the tenant to remove the relevant Halloween decorations.

Rochelle Castro
RC & Co Lawyers

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