Born from a growth in high-rise living, balcony gardens are fast becoming the new Aussie backyards.
When it came to knowing what was allowed to be grown in a balcony garden, body corporate law specialist Frank Higginson said it was all about by-laws.
"Every body corporate effectively in the country can regulate the use of common property and to some extent how people use their lots by virtue of by-laws or rules," Mr Higginson said."When you come to Queensland and New South Wales, for example, there's relatively consistent legislation now around by-laws or rules," he said.
Mr Higginson said rules that regulated what was allowed to be grown on a balcony garden came down to by-laws and if they were"oppressive or unreasonable". "There's going to be nothing in any one state legislation saying you can or can't hang plants on balconies," he said. "So it then comes down to the individual rules and whether those rules for the state are allowed to be made … certainly in Queensland and New South Wales — if those rules are oppressive or unreasonable the judicial body who regulates the disputes there can say, 'You know what, you can't enforce that'."
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