#25795
TrulEConcerned
Flatchatter
Chat-starter

    Re: ScotlandX 14/11/2016 – 4:44 pm

    You say that:

    “your threshold question is whether or not the balcony, including the slab and the membrane, is common property or if it forms part of the lot.  That then determines if the OC is responsible for any repairs or the owner.

    I don’t know if your solicitor is an expert on strata, but you need to get an answer to that question before you start worrying about what the problem is with the balcony.  If your solicitor is not a strata expert I strongly suggest you seek advice from an expert”.

    I too don’t know if my solicitor is a strata expert but I know he makes sense when he says:

    The strata map shows a vinculum between the balcony and the lot concerned.

    I, TruleEConcerned, understand that a vinculum indicates that both areas are to be treated as one, as in “the one lot or one parcel”. Hence, the balcony cannot be part of common property. Please correct me if my logic is flawed.

    Are you saying it is possible that the entire balcony could be part of a lot, including the tiles, everything under the tiles and the slab? And not just the airspace above the (allegedly) original tiles. Note there never was a membrane.

    If this is what you are suggesting, it is intriguing. How can I determine this?

    That is, what records should I or my solicitor access?

    Please advise.