NSW Who is Responsible to Clean Windows under Property Law?

[legalsmarts]

Hi all,

I live in Sydney and the apartment above us decided it would be a great idea to dry food over the side of their balcony. However the juices from their food has dripped all down the outside of ours and our neighbours' window. Under Property Law, are the "food dryers" responsible for cleaning up their mess or are we responsible to clean it up ourselves? Should strata title get involved?

Thanks

 

[JS79]

Is this the first time that it has happened?

If it is the first time, I would be inclined to clean the windows yourself (assuming that it is safe to do so).

If it is a continuing occurrence, I would then be inclined to write them a letter explaining what is happening when they dry food and ask them to do it in a way that would not dirty your windows or you will be informing strata regarding the practice of drying fruit.

If they refuse to protect your windows while drying food, I would then contact your strata manager about the situation.

In this kind of matter it would not be worth getting a lawyer involved. If you are finding that you are handing out money to window cleaners quite often due to them drying food you could possibly take it to the small claims section in the Magistrate's Court.

Good Luck.