I purchased and moved into a townhouse in January but have noticed the tiling in the courtyard is loose and likely to lift over the next few years requiring repair or replacement. I checked the strata plan which shows the courtyards are not CP, however the strata plan says:

Courtyards are limited in depth to 2 below the upper surface of the ground floor of the adjoining unit except where there is a concrete base or where the basement exists below and in height to 5 above the upper surface of the ground floor of the adjoining unit except where covered within this limit.

Approx half the courtyard from the building out is tiled on a concrete slab which forms the roof of the underground carpark underneath (the basement). The back half of the courtyard is a small garden.

Strata management have advised that as the courtyard is not shown as CP on the plan the tiling and anything else in the courtyard is the responsibility of the lot owner.

Am i correct in thinking that because the concrete slab the tiling is on forms part of the building (it’s the upper surface of the carpark ceiling) and the plan states “except where there is a concrete base or where the basement exists below” the tiling would be the responsibility of the OC?

Seems clear cut to me that the tiling is the OC’s responsibility but i could be interpreting the plan completely wrong.

Many thanks in advance for any info or guidance that can be provided.