@Petard said:
The ‘shaft’ for the dumbwaiter is not shown on the strata plan. Our apartment, #2 does not have any access doors for the dumbwaiter; the access doors are on the basement level of apartment 1, one floor below ours, and in apartment 1, on the level above our apartment. I can only guess that the dumbwaiter, its equipment and shaft are the property of apartment 1. I cannot believe that the Owners’ Corporation would have any responsibility for it. I think it’s safe to assume that apartment 1 is solely responsible for its use, maintenance and of course the noise it makes.If the proposal for removing it and replacing it goes ahead, I wonder if I’m able to impose some sort of conditions for its construction and assembly (slides versus rollers), sound insulation, its use re noise and hours of operation, as the shaft runs directly through one of our rooms!
This question has remained unanswered for a while – apologies for that – but I would be very surprised if the structure around the lift shaft wasn’t common property. And yes, of course, any changes that affect common property and the “peaceful enjoyment” of other lots, require Owners Corp permission.
The people on the top floor of my buiding are the only ones who have access to their lift lobby or the top four metres of the lift shaft – that doesn’t make that bit their property. No one else has access to my ceiling but it is still common property.
When you sa “I can only guess …” that is exactly what you are doing. There is a huge difference between the lift shaft (which will be part of the structure of the building) and the mechanics of the lift which quite clearly aren’t.
However, there is little point in to-ing and fro-ing with questions based on what your neighbour says and what you think – quite clearly neither of you are experts on strata law and what you need more than anything is a definitive answer from an authoritative source plus an enforceable order about what your neighbour can and can’t do and what kind of conditions you can impose on their plans.
I have provided a link to the appropriate form in my posting below. You want an order from the CTTT that the lift shaft is common property (even if the mechanicals inside aren’t) and that your neighbour can’t make changes to it without your permission.
Mediation is a compulsory step before you can get a CTTT order. I believe you have every chance of success if you take this step now and there is really no point in offering any more advice on this issue if you aren’t prepared to do that.