#22794

Thank you Whale, Jimmy T and kiwipaul. To answer some questions – the wording in the clause prior to that shown is as follows: “C.P. Denotes common property – Note: The garden space, the courtyards….”etc. Decks are attached to just two of the units and, on the strata plan, they are not shown with a thick black line on their borders.

It seems from the advice of you all that; a) they are not common property (absence of thick black lines)and, b) even if determined to be, there is a responsibility on the owner to maintain it.

It should be noted that this issue has only arisen as a result of one of the deck owners, who happens to have had complete replacement of the deck done at OC expense several years ago – on the advice from our then Strata Managers, who we no longer use. The owners are also likely pursue the matter legally, as they have done on another matter. Every block has at least one!