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Topic
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Water has been entering my unit during storms, the owners corporation appointed a building consultant who recommended some repairs to the exterior of the unit. The consultant also recommended the installation of a “bolt-on awning shelter to provide some shelter to the exposed southern doorways” of my unit.
The By Laws indicate a special resolution By-Law “(modifications and additions) Each owner for the time being of each lot in the strata scheme is conferred with the right to install weather protection devices (hereunder defined as pergolas, awnings….. to provide shade and protection from sun and weather to the windows, doors… of a lot…. “
The owners corporation are requesting I pay for the awning but I am refusing as I believe the awning constitutes owners corporation repairs to stop water entering my unit.
Who is liable to pay for the awning install?
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Replies
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The wording of the special by-law (SBL) makes me think that your Plan has some inherent problems that result in water ingress and other weather-related events impacting some units.
So in circumstances where the Owners Corporation’s proper maintenance of its common property (i.e. the as-built building structure) is insufficient to entirely mitigate those inherent problems, the SBL permits Owners to at their discretion install awnings and similar structures in order to better protect their property.
So on the basis of that intended emphasis and objective, in my opinion it’s your responsibility to pay for the awning.
I’ve had a couple of post post thoughts……
I find it odd that the consultant recommended the fitting of an awning without prior knowledge of the Plan’s SBL and/or some prompting, but in any case if the Owners Corporation decides to act on that recommendation then it should pay, and if you decide to do that, then you should pay.
Whale 0815hrs 18/06.