- This topic has 2 replies, 3 voices, and was last updated 13 years, 5 months ago by .
-
Topic
-
Our building comprises 6 units and car park on ground level, shops and car park on lst floor, and 12 townhouses on 2nd floor, with a passenger lift to each level.
We have received a quote for $120K to have the lift refurbished, however it is rarely used and my question is, is it compulsory to maintain the lift, or can the EC recommend it being removed/closed down.
The building has stairs leading to all levels.
-
Replies
-
Under NSW legislation, your Strata could at a General Meeting resolve not to maintain this item of Common Property. The EC alone doesn’t have the power. In which case you certainly would not be wise to use the lift thereafter, as you could be held responsible for any damage to person(s) or property which may result. There would be a few other issues worth considering, such as whether your property values would be diminished by the absence of a lift, and the impact on the shops viability through restricting access to the disabled for example.
Lifts are an expensive maintenance item, and your sinking fund plan should allow such maintenance and refurbishment to be budgeted for as and when required.
It’s an interesting point that DaveB makes. The Strata Act says Owners Corps must maintain and repair common property unless they decide not to by special resolution (75 percent of those voting at a general meeting). Even then, there are restrictions (see Section 62, below) and the decision can be overturned at the CTTT.
Given the possible impact on property values and accessibility – and it might have been a provision demanded in the Development Approval – I’d look at getting a strata loan from someone like our sponsors Lannocks, if a special levy is going to cause conniptions in the block.
Or lock it off for safety reasons, awaiting repairs, and see how many people complain.
62 What are the duties of an owners corporation to maintain and repair property?
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
(3) This clause does not apply to a particular item of property if the owners corporation determines by special resolution that:
(a) it is inappropriate to maintain, renew, replace or repair the property, and
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
Note. The decision of an owners corporation under subsection (3) may be reviewed by an Adjudicator (see section 138).
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.