You ask, we answer:
Each month we answer a question about living in a community title. This month an allergic tenant has some prickly questions.
Question:
I own a townhouse in a self-managed strata in a group of five units surrounded by common gardens. I have allergies and would like my fellow neighbours and strata unit owners to spray the weeds and clear seeds blown about the outdoor areas. What obligation do Stratas have in maintaining lawns and controlling weeds?
Mr Sneezy
Answer:
Dear Mr Sneezy,
It's always best to try to find a way to come to an agreement with your neighbours, especially in a self-managed strata group.
Section 25 of the Strata Titles Act does state that a Corporation should maintain common areas for the benefit of all unit holders or tenants, but there is no direct reference to garden maintenance and weeds. If the owners of the Corporation do not have the funds available to pay for weed poisoning, it may be something they would be happy for you to do on your own, in accordance with Schedule 3(6)a, since you are so greatly impacted. If there is a concern about poisons, then perhaps you can come up with another solution that works for all parties involved.
Bless you,
Carrie McInerney
CEO
Horner Management