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Who is responsible for repairs to the waterproof membrane, tile bed and tiles?
Here’s my interpretation based on the information provided. You might want to check with a professional surveyor.
Firstly you have to think of your terrace as being contained in an invisible box and everything in that box is your responsibility, because it has been defined as lot property.
In your specific case, if the terrace isn’t sitting on part of the concrete slab (maybe the roof of an underground car park) the box extends 2.5 metres above the floor of the terrace and two metres below it.
If the terrace IS sitting on a concrete slab, your lot “box” only extends downwards to the surface of the concrete.
Anything that extends above the 2.5 metres above the surface of the terrace has strayed into common property air space.
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 if the surface is less than 2.5 above the concrete level in the basement. Is this correct?
Yes.
If the soil surface is more than 2.5 above the concrete level in the basement, who is responsible?
Do you have a hill in your terrace? If the soil in the terrace floor extends upwards into common property air space, and you haven’t passed a by-law agreeing to the use of that air space, then it is in common property and the strata committee could ask you to remove it. Again, how soil would get so high is beyond me.
To answer your question, if there is a concrete base then everything above the upper surface of the concrete base is your responsibility, that would include waterproofing and tiles.
By the way, the references to the terrace being covered or uncovered probably refer to structures like awnings and overhangs above the terrace, not coverings of the terrace floor.