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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:
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