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Hi,
We have purchased a duplex with strata title. The original owner owned both lots and now resides in one of the original lots. There are no common property areas such as driveways / courtyards. Lots are attached. There is no strata set-up in terms of insurance, admin and sinking funds. Electricity mains are in his lot.
He wants to modify the common property memo (and register as a by-law) to make each lot responsible for their own lots with exception to:
– Boundary wall and fence, Roof and gutters, services running across both lots e.g., sewage etc.
Would you foresee any problems with the above approach as I am also keen to take responsibility for own lots? Or should we maintain the common walls element?
If we both agree, do we need admin or sinking fund? What are the health and safety requirements we must adhere to e.g., annual fire inspections?
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It all seems reasonable to me. Not sure what you meant by “Or should we maintain the common walls element?” unless the boundary wall in the exclusions is not referring to the common wall.
I am also unclear as to the status of fire inspections …. I don’t see why you should be exempt, but you never know.
Have a look at theses links to web pages from Bannermans lawyers and Strataman.
They cover the same ground but in slightly different ways.
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Fire safety inspections. A common point missed by many strata.
If the complex is a type 1b building, that is one or two stories, no lot over another, firewall between adjoining lots, then this type of building is exempt from annual fire inspections.
It applies mainly to townhouses, villas and 2 lot strata.