[dogears]

@Whale said:
In my opinion, it doesn’t matter whether the gazebo is on Common Property or on the garden space of the Lot concerned, because if it’s on Common Property then it’s a “addition”, and if it’s not, then it’s something “affecting or changing the appearance of the Lot”; either way (in NSW) the Lot Owner needs to seek the Consent of the Owners Corporation (O/C) to erect it and Jimmy’s Special By-Law (SBL) comes into play.

With reference to the responsibility for insurance of the Gazebo, that’s the Lot Owners problem and a SBL would formailse that, and if it’s damaged by a failure of the Common Property (e.g. the retaining wall) or as a consequence of the O/C addressing that failure then it’s covered by the O/C’s insurance.

One point of clarification regarding the insurance of “lot owners fixtures”. That’s a top-up cover provided on a per Lot basis which only comes into play if the value of a Claim exceeds the total sum insured for the Plan; like in the circumstances of a total loss. As I understand it, a “lot owners fixture” is defined as a structural improvement made by a Lot Owner and fixed to the Common Property, such that if the item was removed, then the Common Property would be left in a damaged state.

Just to clarify, the garden space is on the Owners’ lot so I can’t see why the OC should include the structure etc in its policy.  Not that it would make much difference given the insured value overall anyway.

 

I also point out out that we have recently amended our by-laws to ensure  Owners are responsible for repairs to their Lot which involve Common Property because one Owner has on two occasions carried out renovation work on his lot which affected Common Property, without prior authority from the EC, OC or Strata Manager.   

 

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