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Topic
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Hi there team, I’ve always wondered what is exactly common property on a balcony. My metal light shade (1983) has fallen off due to rust and age. My strata manager refuses to fix it because it is not recessed and therefore not common property! Is this true?
The other issue is my balustrade is only 850mm high with a foot hold 100mm off the balcony floor. Who is responsible for replacing it with a 1 metre high balustrade? One whole level had previously been replaced to current BCA standards.
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Jimmy’s facts page might help.
You probably need to look at your strata plan – it might have come with your contract when you purchased.
Its a good question and makes me think does common property need to be so complicated really?
Hi Ziggy,
Common property on a balcony works like common property within your unit i.e the external glass, the balustrade and the walls are common property: you own the paint…. although with balconies there may be restrictions on your painting due to “Appearance” by-laws. Anything within the lot that does not service other lots is lot owner property.
The light fitting would be your responsibility as it is both within your lot and services only your lot. ( even light fittings recessed into false ceilings are the responsibility of the lot owner ). Before you replace it, consider whether “Appearance” by-laws mandate a particular type of fitting – best to replicate the original.
Replacement of the balustrade is the responsibility of the OC but only if the OC has reason to replace it – i.e. only if there is a requirement to retrofit to the current BCA standard. In most cases you will find that the obligation to retrofit to the Current standard only arises when major external work is being done.
I hope this helps
John Hutchinson – Strata Answers Pty Ltd – www.strataanswers.com.au
Hi Ziggy,
Your argument for getting the SC to replace the balustrade has two legs..
1. The OC has a duty to repair and replace anything faulty – having no money is no defence
2. The OC has a duty to ensure reasonable safety (even if your building is such that it does not have to comply with the more stringent workplace safety requirements)
With this in mind, go back and see if the Minutes provide any clue as to exactly why the level 1 balustrade was replaced. Does this apply to your level.
Remind SC of their duties as appropriate. If no action, apply for Mediation which may lead you into an NCAT application if it still fails to achieve agreement & action.- in the form of getting quotes for work, raising special levy if necessary etc
Hope this helps
John Hutchinson – Strata Answers Pty Ltd – www.strataanswers.com.au