Forums Common Property Tiles on Balconies Current Page

#19288
Jimmy-T
Keymaster

    Just to bring some clarity to this discussion (if I can), and bearing in mind that I am not a strata lawyer, this is my personal opinion.

    Fixing the balconies is an Owners Corp responsibility.

    Fixing or replacing tiles damaged in the course of any common property repairs is Owners Corp responsibility.

    If the tiles were changed with OC approval via a special resolution by-law (SBL) – the Owners Corp would be responsible for like-for-like replacement. They have damaged someone else’s or their own property in the course of their repairs so they are required to fix this.

    FYI: Under  the strata Act relating to special resolution by-laws, ongoing responsibility MUST be attributed to someone and the default position is  the Owners Corp UNLESS it is attributed to someone else.  Smart OCs attribute responsibility to the renovator as one of the conditions of approving changes to common property.

    If the tiles were replaced without an SBL,  then the Owners Corp is only required to replace the ORIGINAL (probably cheap) tiles, not the fancy new tiles that may have been installed without permission.  

    Smart OCs and owners would negotiate a mutually agreeable formula with owners who have unapproved expensive tiling whereby the lot owner would pay the excess over the cost of the replacement cheap tiles and the OC would pay the rest – in exchange for agreement of a catch-all SBL to make all previously unapproved tiling the lot owners’ responsibility henceforth.

     

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