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The balconies in our building are part of the lot. According to the strata plan, the air space 2.5m above the stratum belongs to the lot unless there is a ceiling on the balcony.
My query is this – some of the balconies without ceilings have pergolas on their balconies (about 4 units out of 45). The pergolas are structured such that columns from the balcony floor hold up horizontal slabs which are connected to the wall of the building. The horizontal slabs are 2.95m above the floor of the balcony.
Does this mean that the whole of the pergola is considered common property or only that part of the pergola that is above 2.5m? The pergolas, we have been told, are rusted and the best repair is to remove the whole of the pergola and rebuild. This will of course only benefit 4 units out of 45.
