Good day,We own an apartment and reside ...

Asked by Other on 16-02-2021 10:52:54
Question posted in the Property Law category relating to Western Cape

Good day,

We own an apartment and reside in our property within an apartment complex (sectional title) with 3 floors - ground, 1st and 2nd floor.  We reside on the 1st floor with a large balcony (9m x aprox 2.1m) with a built in braai area with a chimney which reaches above the 2nd floor windows.  The balcony is our own private property which was registered along with our apartment unit and we pay increased levies for the additional square meters of the balcony.On occasion we use our Weber braai outside for specific meals.  When the Weber is in use, we move it away from the wall and towards the rail of the balcony (aprox 1.2m away from the building walls).

Our upstairs neighbor is starting to indirectly harrass us by screaming on his phone to complain (presumably to trustees of the complex) when we are on our balcony busy cooking our meals.  They also open their windows and stick their heads out to look directly on our balcony to then report that we having a braai.

They have been residing above us for aproximately 4 years without incident - and we have been using our braai area in the same manner each and every time.There are no body corporate rules which prohibits us from using our braai or a Weber, nor are there any rules which limits the use of the braai area.

We have not received any notification, e-mails, calls, messages or visits relating to this either. 

We feel that our upstairs neighbor is:- infringing on our privacy by sticking his head out his window to directly look at what we are doing;- harassing us by screaming on his phone to complain that we are using our braai area (loud enough that we can hear him word for word and quoting our unit number);- encumbering our enjoyment of our own private property.

We would like advice on how to handle this matter should this behaviour continue and/or if we receive notices from the body corporate or an attorney acting on behalf of the upstairs neighbor. 

Your assistance will be appreciated.

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