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I have downloaded the memoranda from the LPI,dated Nov 2011, and presented it to our EC. [See original discussion HERE]. The EC is not keen on being asked to supply flyscreens and plan to remove them from being Common Property to Lot owner responsibility. Are we able to do this? The flyscreens have never been replaced and the building is about 30 years old. At present no one has asked for them to be replaced.
Thank you.
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I think you need the permission of the lot owner before responsibility for common property can be transferred to them via a special resolution by-law, so the proposed by-law may be unlawful anyway. On the other hand, paying $76 to run a case at the CTTT on your own might be more trouble than its worth. To complicate matters, if the flyscreens are common property, you are probably not allowed to change them yourself anyway. My suggestion would be to approach your nearest Community Justice Centre for their free mediation service.
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Have a look at your by-laws to see who is responsible for insect screens. Whilst these almost certainly fall under the definition of being common property, the by-law may make owners responsible for the maintenance of screens which are attached to their lot. Many strata schemes would have adopted the by-law (5) which may be found here:
https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma1996242/sch1.html
My interpretation of that requires the lot owner to repair/replace screens as required. Screens such as those in common stairwells are OC responsibility. There is a similar by-law which makes owners responsible for cleaning their windows, despite glazing in windows being part of common property.
Hope that helps
DaveB