#17042
Whale
Flatchatter

    Charlie – I haven’t experienced a similar situation as our Plan is older, and therefore all balconies form part of the Lots as opposed to being Common Property as is your case

    S62 of the NSW Strata Schemes Management Act (SCMA) places an absolute obligation upon the Owners Corporation (of which you are 1/13th) to “…properly maintain and keep in a state of good and serviceable repair the common property…” UNLESS it determines by way of a Special Resolution at a General Meeting that it’s “inappropriate” to repair (any part) of that common property.

    If the Owners Corporation properly resolves not to repair the tiled landing outside your Lot, and that means to not put it back the way it was, then enacting that resolution must “…not detract from the appearance of any property in the strata scheme”; and that includes your property [S62 3(b)].

    So I’d conclude that your Owners Corporation cannot Specially Resolve to not replace the concrete landing and the tiles, if that would detract from the appearance of the Common Property and/or of your Lot.

    Gently, gently, catchy monkey … so I’d approach the Members of your Executive Committee and suggest to them that not properly repairing the Common Property could place them in breach of the SCMA, and depending upon your financial position, perhaps offer to pay for the tiles if the Members would support an Exclusive Use By-Law in your favour. After all, that would remove any further maintenance costs by the O/C for the landing / tiles.