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[Charlie]

Hi,

 

We bought a ground floor unit approx 4 years ago that has sliding doors opening onto a tiled slab “patio” (the same size as the balconies on the units on the rest of the buildings 13 units). The patio flows onto some grass which is accessible from some stairs (from the car park/garages) and a gate from the street. 

The only people that use this patio/grassed area/walkway are the two ground floor units as it doesn’t benefit anyone else. Rather than abuse the use of this land, we have been extremely respectful of only using the tiled area to place our BBQ and outdoor table setting on. We have never had a party there, and always respected the grassed area as common property.

According to the registered strata plan the tiled patio area is also ‘common property”. 

 

Since the plan was registered, this has never been an issue with anyone until now. There are some works required to resurface the concrete slab below the area which means it has to all be dug up. There is a cost to replace the concrete slab and tiles which some of the unit owners are objecting to.

 

I am pretty sure they are pushing for a special resolution to NOT replace the tiles which will take away any sort of landing we have outside our sliding door. Ultimately then, we will be stepping out onto grass, or whatever else they decide to put there.

 

I know we also have a challenge with attempting to get a special law passed to allow us to use this area in the future, as it doesn’t benefit anyone else.

 

Are there examples of a similar situation that anyone has experienced?

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