Topic: Transferring responsibility for maintenance from a Lot owner to the Owners Corporation – FLAT CHAT

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20/04/2015 at 5:08 pm #10007 Reply | Quote
Aitch
Flatchatter
Our strata scheme has a majority of its units (about 75%) with attached ground level timber pergolas over courtyards and decks and which were part of the original development. These pergolas are clearly within the cubic space of the individual Lots as shown on the registered strata plan. Furthermore, the LPI Memorandum No AG600000 states that they are the responsibility of the Lot owner for that reason.

There is a controversial move afoot to develop a By-Law transferring responsibility for the maintenance (paint, repair, replacement) of those pergolas to the owners corporation. Surely this cannot be done with no financial consideration for the (about 25%) of owners without pergolas?

I think that such a By-Law to transfer responsibility would be OK but only if it was done on a cost recovery basis or on the other by having an amendment to the registered strata plan and which was commensurate with adjustments being made to the allocation of unit entitlements.

Ideas welcome.
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Reply To: Reply #23462 in Transferring responsibility for maintenance from a Lot owner to the Owners Corporation

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