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Topic
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In our four unit NSW strata block, the two ground floor units have exclusive use of the courtyard garden areas at the sides and rear of the building.
This question has only arisen as quotes have been called for the first repainting of the common areas including external walls, fences, retaining walls and dwarf walls.
One unit has a timber deck and short flight of steps at the side entrance from their garden. The timber has been well maintained since new by the lot owner with regular application of timber stain.
Both ground floor lot owners are keen gardeners and maintain their courtyard garden areas to a high standard at their own expense.
The painting quotes include sanding and re-coating the timber deck but the lot owner has queried this on the basis that he has always done it himself.
Whose responsibility should it be – the lot owner with exclusive use or the Owners Corporation?
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Replies
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Casuarina – Are the timber deck and the steps within the Exclusive Use courtyard or are they external to the courtyard?
If they are internal then generally they would be the Lot Owner’s responsibility to maintain. Whether or not this is so depends upon the wording of the Exclusive Use By-law.
If the deck and steps are external to the Lot then the OC should be responsible for the maintenance.
However, if the Lot owner wishes to keep maintaining these areas that are external to their Lot (but directly connected to their Lot) at their own expense, particularly if they are only used by the individual Lot owner, then the Act appears to condone this work. ‘House proud’ Owner’s often like to undertake this types of work themselves. If the same stain as the original stain is being used by the owner then that should be OK.
They key word is ‘connection’ in
. There can either be a broad interpretation or a narrow interpretation of the word ‘connection’.Cosmetic work by owners
109 Cosmetic work by owners
(1) The owner of a lot in a strata scheme may carry out cosmetic work to common property in connection with the owner’s lot without the approval of the owners corporation.
(2)
“Cosmetic work” includes but is not limited to work for the following purposes:(a) installing or replacing hooks, nails or screws for hanging paintings and other things on walls,
(b) installing or replacing handrails,
(c) painting,
(d) filling minor holes and cracks in internal walls,
(e) laying carpet,
(f) installing or replacing built-in wardrobes,
(g) installing or replacing internal blinds and curtains,
(h) any other work prescribed by the regulations for the purposes of this subsection.
(3) An owner of a lot must ensure that:
(a) any damage caused to any part of the common property by the carrying out of cosmetic work by or on behalf of the owner is repaired, and
(b) the cosmetic work and any repairs are carried out in a competent and proper manner.
(4) The by-laws of a strata scheme may specify additional work that is to be cosmetic work for the purposes of this section.
(5) This section does not apply to the following work:
(a) work that consists of minor renovations for the purposes of section 110,
(b) work involving structural changes,
(c) work that changes the external appearance of a lot, including the installation of an external access ramp,
(d) work that detrimentally affects the safety of a lot or common property, including fire safety systems,
(e) work involving waterproofing or the plumbing or exhaust system of a building in a strata scheme,
(f) work involving reconfiguring walls,
(g) work for which consent or another approval is required under any other Act,
(h) any other work prescribed by the regulations for the purposes of this subsection.
(6) Section 108 does not apply to cosmetic work carried out in accordance with this section.
Don’t forget to check the conditions of your Exclusive Use by-laws …. and check whether the wall and/or fence has a thick black line on the strata plan or a thin, dotted, or no line. Different types of lines (thick and thin etc) mean different things.
It is difficult to make a comment without seeing your plans and your Exclusive Use conditions.
In general: Fencing, if shown as a thick line on the strata plan, will be deemed to be a common wall and be an OC responsibility. See also the comment above relating to ‘cosmetic work’ to common property.
In general: Within a Courtyard is generally Owners responsibility. However, the structural wall of the building will be an OC responsibility.
Any Deck, pergola, privacy screen, louvres or steps within a lot (regardless of
whenever that item was constructed within that lot) are generally Owner responsibility.
In general: Fences, if they are shown as a thin, dotted or no line on the strata plan are treated in accordance with the Dividing Fences Act and are treated as follows.
i. Divides two lots. Each owner is responsible 50%/50%.
ii. Divides one lot from common property. Owner 50% and the OC 50%.
iii. Divides one lot from the adjoining property. Adjoining owner 50% and the OC
50%.See this link for more details:
Another useful link is here:
https://nsw.strata.community/wp-content/uploads/2016/08/Whos-Responsible-SCA-NSW-Aug-2016.pdf