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Topic
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I have a strata unit in Maroubra where I have exclusive use of the common property rooftop. One owner in the block has queried my use of the roof area, advising that I must install ‘trafficable material’ on top of the membrane, to protect it.
To my knowledge all prior owners of the unit have used the rooftop area for entertaining and drying washing etc. It has been trafficable. The relevant by-law states that it is the responsibility of the unit owner (me) to not damage the roof top area
Originally the membrane has been protected by timber decking, but this has rotted away over the years. My question is “is the strata responsible for reinstating the decking or is it my responsibility?”
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Hi, I thought this type of query was discussed elsewhere on the forum recently, and can see only discussion on balconies 2/1/19 where there may be a point re your issue.
If I have this straight, thought I read elsewhere here that went something like: if a part of common property is up for repair that it’s the whole building’s responsibility. That presumes that the rooftop is one which can be used by others (but isn’t at present due to your special case), therefore all must pay for repairs to it.
Stands to reason in my experience, as a roof presumably is for everyone’s unit, not just one.
Others will know more.
There is a difference between the membrane and anything that may be laid over the membrane to render the rooftop trafficable. In the latter case, something like decking doesn’t form an essential part of the rooftop.
Note that section 106(3) provides that the OC can determine not to repair, maintain or replace common property, if this will not affect the safety of the building or detract from the appearance of any property. (assuming the decking is common property, which is arguable)
I don’t know what the by-law granting exclusive use says, although you mention that the owner must not damage the rooftop – that would be the membrane. That seems to contemplate allowing the owner to install something on the roof over the membrane.
You might want to go through the records to see if there is anything about previous installation of decking, which I imagine would have been paid for by the person who had exclusive use. Look at it this way, if you are the only one who benefits, why should the other owners pay?