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[nemo55]

Hi, thanks all for contributing to this resource. I have a couple of questions relating to use of common property. I own a ground floor unit in a block of 6. The 2 floors above open onto wide landings that are common property, however my unit opens directly onto the car park area (I don’t have a car space).

 

The units above treat the landings as private balconies with BBQ’s, tables, pot plants etc on them – there is no specific by-law authorising this. Taking a cue from them I started storing my bike outside my door in the car park area (it did not impede access in any way). After about 6 months the Strata manager received an anonymous complaint about and at the recent EC meeting I was formally asked to remove it. When I pointed out that other residents had personal items on common property I was told the car park area is treated differently. Obviously I understand I can’t plonk it in the middle of the driveway but otherwise is this true?

 

Anyway, I agreed to move it for the sake of my sanity and was told I could store it in a different area of the carpark provided I sign a contract making me personally liable for any damage or injury caused by it. While this seems unlikely, this makes me uneasy. Does anyone have any insight if this is common practice or even legally binding? Should I be seeking similar contracts for other residents, eg, in case a pot plant falls off a landing above and hits a visitor on the head?

 

Thanks in advance!

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