Q: I applied to install 2 sun blinds to a veranda space within my lot which was originally approved then one was later rescinded by the BC committee. I was told the committee was of the belief that the rejected blind is not in keeping with what is currently in place and is subsequently not consistent with what is installed across the scheme (if it was a fixed addition to the wall). The sun blind they rejected was a Sunway pivot arm awning and was to be installed on the wall directly above and to protect a large widow/ sliding door on a west facing veranda without an eave, overhang or roof. The sun blind they accepted was the same but mounted under the overhang on another section of the same veranda for the lot. They both are of same material and construction and they both functioned in the same way (roll out and down). I believe they are being unreasonable as the bedroom needs protection from western solar radiation and heat particularly in summer. My lot does not benefit from a full-length veranda cover, does not benefit from shade producing slat privacy screens, balcony party walls, forward positioned neighbouring apartments, trees or vegetation unlike most other lots in the same complex. Two other apartments have sun blinds installed under the eave veranda overhang these are not original to plan and differ significantly to each other (not consistent) in design, style, function, colour and material. My blinds are similar to one of the other lot blinds mentioned. The blind for my exposed bedroom window has no other option but to be wall mounted, it is a minor addition with little impact on the amenity of the lot or it’s surrounds. It is a sustainable window treatment that is not detrimental to the aesthetics of the building when viewed from outside, the colours match the exterior colour pallet, is minuscule in proportion to the lot wall and even less for the building facade. It cannot be easily seen from outside, cannot be seen from other lots except those two above if they were to look through their slat privacy screens on their verandas down into my lot, it is not damaging, dangerous or offensive and will unlikely be of interest to neighbouring properties. Is the committee being unreasonable and what Acts or legislations can I refer to for appeal (BC Act, Building Act….)?
I applied to install 2 sun blinds to a veranda space within my lot which was originally approved, then one was later rescinded by the BC committee. Is the committee being unreasonable and what Acts or legislations can I refer to for appeal? – Pauline, QLD
A: We recommend you consider commencing conciliation with the Body Corporate and Community Management office. You can start the process by lodging for official conciliation.
During this process, an independent conciliator who has a deep understanding of body corporate law will help you and the other parties try to resolve your dispute.
There is further information available on their website: https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/disputes/conciliation.
Conciliation can often resolve issues more quickly than adjudication, which is a more formal dispute resolution process.
Conciliation can help you and other parties involved to:
– Have a say, listen to one another and suggest solutions
– Reach your own agreement and not have one decided for you (which is what happens with adjudication)
– Develop or maintain good relations — especially important if you live in the same building
– Gain useful information that might prevent further disputes.
In some cases, the Commissioner may decide that a dispute is not suitable for conciliation. If this happens, you can apply for adjudication. Adjudication is a more formal process than conciliation. An adjudicator makes a decision after considering the application and written submissions from all those affected by the dispute.
You can only make an adjudication application if you (as the applicant) have tried self-resolution and, in most cases, attempted conciliation with the Office of the Commissioner for Body Corporate and Community Management.
