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Topic
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The balconies in our building are part of the lot. According to the strata plan, the air space 2.5m above the stratum belongs to the lot unless there is a ceiling on the balcony.
My query is this – some of the balconies without ceilings have pergolas on their balconies (about 4 units out of 45). The pergolas are structured such that columns from the balcony floor hold up horizontal slabs which are connected to the wall of the building. The horizontal slabs are 2.95m above the floor of the balcony.
Does this mean that the whole of the pergola is considered common property or only that part of the pergola that is above 2.5m? The pergolas, we have been told, are rusted and the best repair is to remove the whole of the pergola and rebuild. This will of course only benefit 4 units out of 45.
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Were these pergolas part of the original design of the building or were they erected at a later time by the individual Owners of these Lots?
If they were part of the original design of the building, and without seeing your structural engineering plans, it seems to me that the whole of the pergolas (including those parts that above and below 2.5 m in height) would be a common property issue as they appear to be both structural (e.g. concrete slabs, columns, connected to the walls) and a design feature of the building.
Section 62 of the current SSMA indicates that strata schemes have a strict statutory duty to repair and maintain common property.