Elsewhere in this post
Here’s a tricky one from Queensland – with a strong whiff of penthouse-envy motivating actions.
The owner of the top floor apartment in his block has a spa pool and hot tub on the roof, that came with the original building. Lucky him!
But now the block’s roof is leaking and the body corporate want to remove the tub and spa so they can fix it.
However, they say it’s up to him to replace his tub and spa when they’re finished. Are they right?
In my very humble opinion, with limited knowledge of the details of Queensland property law, I would say there’s a chance the baths are common property, therefore the BC has to reinstate them.
If they are lot property, the BC probably still has to replace them as they have broken someone’s property, even if it is to fix common property.
The one difference might be if the baths are lot property and they are causing the roof leaks. This question needs to soak but there’s probably an element of spa-spite in this spat.
If you want to put your 11 cents worth in (inc GST), you’ll find the original post HERE.
Elsewhere on the Forum
- Two members of a committee of three have been exclusively sharing a common property area between their townhouses. Now they want a by-law to make it official. How many valuations should we get to establish how much they should pay? That’s HERE.
- Why are insurance premiums suddenly non-competitive? That’s HERE.
- Can the strata committee stop me from using common property power in the garage to charge up my mobility scooter? That’s HERE.
- Our fire hoses are apparently too short and therefore no longer (no pun intended) compliant with fire safety regs. Does this mean that every old strata building has to replace their fire hoses? That HERE.
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