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Topic
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There is currently water leaking/leaching from a plantar box on a balcony through the brick wall of the unit against which it rests.
In the belief that the plantar box is common property, the Owners Corporation is paying for the repairs/waterproofing, and on the professional advice of the waterproofer, has agreed to pay for the physical separation of the plantar box from the brick wall of the Unit.
Are we correct that the plantar box is the responsibility of the OC?
I ask because the owner of the adjacent unit, with the same plantar box arrangement on his balcony is claiming that box is not common property. He is arguing that the changes we are proposing to make to his plantar box, to prevent a future leakage problem from arising, will reduce the size of the box, and take space away from him.
Whilst we will negotiate a mutually acceptable solution, it would be nice to know if the plantar boxes are common property and therefore the responsibility of the OC. I believe they plantar boxes were part of the original building.
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Replies
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bernie – on the assumption that the Plan’s in NSW, then on the basis of your description it’s very likely that the originally installed planter boxes at each lot are indeed common property. You could of course check the Strata Title Plan as there may be a notation about the planter boxes, or if you’re lucky they may actually be depicted there.
In any event, it may assist with current and future negotiations with lot owners for the matter to be resolved at the next General Meeting, because under Sect 65A of the NSW Strata Schemes Management Act (1996) any change to the common property, particularly those involving physical works, should be decided by way of a vote on a special resolution at that forum, together with who it is that will be responsible for future maintenance/repairs.