This article is about the right to privacy in your lot.
Question: An adjoining unit’s window looks directly into our unit’s upstairs balcony and bedroom. The adjoining owner or the body corporate will not allow the installation of a screen. How do we solve this privacy issue?
An adjoining unit’s window looks directly into our unit’s upstairs balcony and bedroom.
We have no privacy in these areas and have to close the bedroom blinds to prevent being seen when lying in bed. Neighbours can view our bed no matter where it is located.
Are there any state-building privacy regulations or standards regarding privacy in a lot that override the body corporate or adjoining unit owner’s response?
We requested permission to install a screen attached to either the adjoining unit’s wall or our balcony. The other lot owner refuses, and the body corporate manager will not grant permission as they feel the addition will not match the exterior aesthetics of the building.
Answer: If you have not submitted motions, you probably should do so.
I cannot comment on privacy laws. I am not an expert in that field. You may wish to speak to the Office of the Information Commissioner about that.
On the strata side of things, you mention there have been refusals concerning your request to install something or for the other owner to have something installed, both of which might address the privacy concerns. It is not clear how that has happened. If you have submitted motions to a committee or general meeting and they were defeated, you may be able to challenge those outcomes in the Commissioner’s Office. If you have not submitted motions, you probably should do so. The body corporate manager is not the decision-maker here. The committee, or a general meeting of all owners, is.
It is possible that if you take this matter to the Commissioner’s Office, you could get a resolution to your concerns via conciliation.
This is general information only and not legal advice.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898
This post appears in Strata News #694.
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