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The 2 (metres) below and 5 above refer to common property.
This would only apply if the courtyard was common property. If it were lot property, then the 2 and 5 figures refer to lot responsibility.
Hi Jimmy T,
Thanks for running this forum. I’ve searched the forum for an answer to my question and this post come the closest.
Who is responsible for repairs to the waterproof membrane, tile bed and tiles?
Our strata plan has the squiggly S between the adjacent lot and the relevant “Terrace” which I understand means that the lot owner is responsible for the maintenance and repair of the Terrace.
The Strata Plan further states: “WHERE NOT COVERED, PLANTERS, TERRACES, STAIRS AND PORCHES ARE LIMITED IN HEIGHT TO 2.5 ABOVE THE UPPER SURFACE OF THEIR CONCRETE FLOOR”
Does this confirm that everything above the upper surface of the concrete of the Terrace is lot property?
Also, we have a similar soil subsidence issue in the courtyard to the OP. The soil and its grass covering have subsided some 30cm. The Courtyard is joined to the adjacent Terrace by the S on the Strata Plan – so is lot property.
The Strata Plan states: “WHERE NOT COVERED, COURTYARDS ARE LIMITED IN HEIGHT TO 2.5 ABOVE THE UPPER SURFACE OF THE CONCRETE FLOOR OF THE BUILDING OF THE RESPECTIVE LOT ON BASEMENT LEVEL AND, WHERE NOT CONCRETE PAVED ARE LIMITED IN DEPTH TO 2 BELOW THAT SURFACE”
I understand that to mean that the soil is the responsibility of the lot of the surface is less than 2.5 above the concrete level in the basement. Is this correct?
If the soil surface is more than 2.5 above the concrete level in the basement, who is responsible?