I live in a block of six terraced townhouses, each with gardens to the front and rear of the property. I have never considered gardens a matter for the owners corporation, with the exception of how the landscaping changes the appearance of the block. When owners have made improvements to their garden area do these improvements revert to the OC? – Moira, NSW

Question: I live in a block of six terraced townhouses, each with gardens to the front and rear of the property. When owners have made improvements to their garden area (Eg. paving, a parking space, and garden edging (sleepers / rock) without a by-law, do these improvements revert to the owners corporation when owners leave? We’ve been very diligent with the by-laws regarding house modifications, however, we don’t consider gardens a matter for the OC, with the exception of how landscaping changes the appearance of a block. I look forward to receiving your advice.

– Moira, NSW

Answer: Hi Moira, we would recommend reviewing your by-laws. If the gardens are part of the lot and you’ve made minor works and modifications then it may not be a matter for the owners corporation. However, you may have needed to advise the owners corporation or get approval for major renovation works. It may also come under the by-law relating to the appearance of the lot. It sounds like you haven’t made any major excavation works but if that was the case, then you’d need to take it up with the owners corporation or the committee.