Yes, an owners corporation (also known as a body corporate) can stop a resident from hanging washing on their balcony in Victoria, provided that there are specific by-laws or rules prohibiting this activity. In Victoria, owners corporations have the power to make and enforce rules regarding the use of private lots and common property, including what residents can and cannot do on balconies. (R1)
Typically, these by-laws are put in place to maintain the appearance and value of the building—many prohibit the hanging of washing if it is visible from outside the building or from common property. Hanging items over balcony railings is especially likely to be restricted, both for aesthetic reasons and due to potential safety concerns. However, some buildings may allow balcony drying if it is not visible from the street or common property, so it is important to check the specific rules that apply to your building. (R2)
If you disagree with a by-law, you have the right as an owner to propose a change to the rule at the next owners corporation meeting. Changing a by-law typically requires a vote by the owners, and you may need to gather support from other residents to amend it. (R3)
In summary:
- It is common for owners corporation by-laws in Victoria to prohibit or restrict hanging washing on balconies, especially if visible from outside.
- You should always check your building’s specific by-laws before hanging washing on your balcony.
- Owners corporations are entitled under Victorian law to make rules about these matters and enforce them.