OC responsible for illegal height balustrades

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  • 08/02/2022 at 4:41 pm #61254 Reply
    Ziggy
    Flatchatter
    Chat-starter

      Has there been any comeback re NCATs decision to renew balustrades and to bring them into compliance with the current requirements of the BCA?

      I’ve been fighting my Strata Committee and Owners Corporation about this for years now concerning my illegal height balustrades with dangerous footholds.

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      08/02/2022 at 4:49 pm #61256 Reply
      Jimmy-T
      Keymaster

        I would think it’s up to individual owners to:

        1. Ask the owners corp to upgrade the balustrades and
        2. If they either refuse or don’t  respond within two months, seek mediation at Fair Trading, followed by action at NCAT seeking orders under section 232 (2) of the Act.

        I haven’t heard of any cases being pursued, won or lost based on the ruling quoted in your initial email.  There are no Stratakops roaming around checking balustrades. And owners may be reluctant to do the heavy lifting because they will have to contribute to the costs (and suffer the slings and arrows of outraged neighbours).

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        09/02/2022 at 3:49 pm #61301 Reply
        Ziggy
        Flatchatter
        Chat-starter

          Thanks Jimmy. Yes, I’ve been down that road before on another matter. It wasn’t only the neighbours, it was the Strata Manager who hurled abuse at me. Currently this one says my illegal height balustrade has nothing to do with this case! In other words, bugger off!

          How I wish I were a lawyer!

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          23/02/2022 at 4:56 pm #61556 Reply
          Laser_Guy
          Flatchatter

            Just on a quick read of that case report (not the actual case), it seems as if the appeal went in favour of the owner to have the balustrades replaced because “… the unsafe nature of the balustrade was obvious or patent and, even more importantly, the owners’ corporation knew or should have known that the balustrade was unsafe“.

            So if you have not had a safety report or notice from Council indicating that your balustrades do not meet the current code, then your OC may have an argument.  The way to turn this in your favour would be to either ask the engineer that does your building’s next safety report to comment on the balustrade compliance or even to commission your own report and submit that to your Strata Manager.

            Phil (not-a-lawyer)

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          Reply To: Reply #61254 in OC responsible for illegal height balustrades
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