[Kenny R]

I’ve been away for a bit so thank you all for your comments and advice. I certainly agree on the need for window locks – it was more the way it has been forced on the strata community as easy targets when there are many stand alone residences that are probably more vulnerable. We will proceed with installation, but will certainly be looking at the most cost effective way – maybe even charging each individual unit per fitting as some have less than others and at least one had already fitted complying locks prior to this requirement coming into force.

[Kenny R]

Thanks Lady Penelope – good advice. I have also spoken with our Strata Manager who supports our view that this is more about the individual’s benefit rather than the OC or other owners. We will advise this owner to do the research which should discourage any further action.

[Kenny R]

Does anyone out there in Strataland (NSW) have experience with installation of solar panels and related storage batteries by either individual resident owners or by Owners’ Corporations? The question has been asked by one townhouse owner who claims there could also be discounts for group installations. My concerns are the initial cost outlay which needs to be recouped before there is any saving; the installation on common property – roofs, garage walls etc.; by-laws that may be necessary. It goes on..

[Kenny R]

Thanks for detailed advice Whale – we will most certainly be following your suggested approach. 

[Kenny R]

Thanks Flat Chatters – I do share your views on the probably insignificant nature of any utilities cost. The matter has been raised by other residents who feel the common utilities should not be used for private purposes, so I wanted to get an idea of what other strata bodies feel. We are implementing a renovation application process and will include “reasonable” restrictions on such usage.

[Kenny R]

Thanks Whale, sorry for the delayed reply. Your advise is much appreciated and the EC will take appropriate action re a generic  by-law if possible.

[Kenny R]

Thank you all for the information and advice. We are now in the process of getting an SBL along the lines suggested (thanks Whale). For the prospective new owner we are insisting on seeing, either directly or via a third party, evidence of the alleged disability and registration/training details for the dog.

[Kenny R]

Thanks Whale – yes, the EC thought this is what we should do, just budget for some regular maintenance. We are in the process of putting together a maintenance schedule so will include this, maybe a long way down the list!

[Kenny R]

Thank you Whale, Jimmy T and kiwipaul. To answer some questions – the wording in the clause prior to that shown is as follows: “C.P. Denotes common property – Note: The garden space, the courtyards….”etc. Decks are attached to just two of the units and, on the strata plan, they are not shown with a thick black line on their borders.

It seems from the advice of you all that; a) they are not common property (absence of thick black lines)and, b) even if determined to be, there is a responsibility on the owner to maintain it.

It should be noted that this issue has only arisen as a result of one of the deck owners, who happens to have had complete replacement of the deck done at OC expense several years ago – on the advice from our then Strata Managers, who we no longer use. The owners are also likely pursue the matter legally, as they have done on another matter. Every block has at least one!

[Kenny R]

Thanks for the feedback. There is no by-law referring to exclusive usage. The Strata Plan, registered 9th August 1990, makes the following reference:

“…. the courtyards, patios, terraces and decks, where no hardstand exists. are limited in depth to 1 metre below the upper surface of the floor of the respective lots and are limited in height to the underside of the horizontal eaves on the first floor of the respective lots except where covered.”

Not sure what all this means in relation to the decks in question which form part of the lots and are only accessible through the private entry areas of the lots by those residents (or their visitors). If the OC is to be responsible for maintenance, there is no incentive for the owners to take reasonable care of that part of their property.

Any thoughts please

Kenny R

[Author]

Replies