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Hi All,
NSW 4 Lot Self managed Strata.
We have a ground floor Lot owner wanting to replace and reposition their Hot Water System (HWS), which is housed in a Cupboard situated in a corner of the building’s exterior wall. With it’s construction comprising of a roof, one wall and a door it would be more accurately be described as a Lean-To.
With the new HWS planned to be a Instant Flow system (attached to the exterior wall) replacing the old Tank storage model, the lean-to becomes redundant.
They have declared that as this structure is on Common Property, the O.C is responsible for the cost of removal.
The O.C opposes this Cost because a) the Lean-To does not appear on either the Strata Plan or noted on the Certificate of Title as being part of the Common Property.
b) It’s purpose is to protect a HWS serving only one Lot.
c) The O.C has not had any business (other than painting it’s exterior, as part of a whole building Paint job) in maintaining the structure.
So, who is correct here ?
Why such a fuss over a job that would take me as long as it takes to drink a can of beer ?
The Lean-To is of a timber framed construction with (shock horror) Fibro panels and being that it contains Asbestos I have been warned away, by the O.C from undertaking any Voluntary work.
Explaining that it is Bonded Asbestos and the small amount involved is perfectly legal under
NSW Government- Disposing of Asbestos regulations, has fallen on deaf ears.
The kicker ? Quotes provided by Specialist Asbestos Contractors to remove, range from One to Two Thousand Dollars, which of course the Owner expects to O.C to pay for.
And that is why the determining of Common Property status is so important.
Thanks for any input.
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Replies
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If the strata plan doesn’t show the lean-to as part of a particular lot, then it’s common property. From what you say, there apparently isn’t a by-law granting exclusive use to the relevant lot either. So the OC is responsible for removing it. Alternatively, the OC could leave it there and use it e.g. for storing gardening tools.
If the new water system is being attached to the outer wall, that requires a by-law. I would make the owner’s contribution (at least) to the removal of the lean-to a condition of granting the by-law they need to install the new water system on the CP wall.
That said, I’m not sure that the owners corp doesn’t have a responsibility to remove the asbestos from common property (the wall and the area on which the lean-to sits).
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