#27546
Lady Penelope
Strataguru

    Casuarina – Are the timber deck and the steps within the Exclusive Use courtyard or are they external to the courtyard?

    If they are internal then generally they would be the Lot Owner’s responsibility to maintain. Whether or not this is so depends upon the wording of the Exclusive Use By-law.

    If the deck and steps are external to the Lot then the OC should be responsible for the maintenance.

    However, if the Lot owner wishes to keep maintaining these areas that are external to their Lot (but directly connected to their Lot) at their own expense, particularly if they are only used by the individual Lot owner, then the Act appears to condone this work. ‘House proud’ Owner’s often like to undertake this types of work themselves. If the same stain as the original stain is being used by the owner then that should be OK.

    They key word is ‘connection’ in . There can either be a broad interpretation or a narrow interpretation of the word ‘connection’.

    Cosmetic work by owners

    109 Cosmetic work by owners

     

    (1) The owner of a lot in a strata scheme may carry out cosmetic work to common property in connection with the owner’s lot without the approval of the owners corporation.

    (2) 
    “Cosmetic work” includes but is not limited to work for the following purposes:

    (a) installing or replacing hooks, nails or screws for hanging paintings and other things on walls,

    (b) installing or replacing handrails,

    (c) painting,

    (d) filling minor holes and cracks in internal walls,

    (e) laying carpet,

    (f) installing or replacing built-in wardrobes,

    (g) installing or replacing internal blinds and curtains,

    (h) any other work prescribed by the regulations for the purposes of this subsection.

    (3) An owner of a lot must ensure that:

    (a) any damage caused to any part of the common property by the carrying out of cosmetic work by or on behalf of the owner is repaired, and

    (b) the cosmetic work and any repairs are carried out in a competent and proper manner.

    (4) The by-laws of a strata scheme may specify additional work that is to be cosmetic work for the purposes of this section.

    (5) This section does not apply to the following work:

    (a) work that consists of minor renovations for the purposes of section 110,

    (b) work involving structural changes,

    (c) work that changes the external appearance of a lot, including the installation of an external access ramp,

    (d) work that detrimentally affects the safety of a lot or common property, including fire safety systems,

    (e) work involving waterproofing or the plumbing or exhaust system of a building in a strata scheme,

    (f) work involving reconfiguring walls,

    (g) work for which consent or another approval is required under any other Act,

    (h) any other work prescribed by the regulations for the purposes of this subsection.

    (6) Section 108 does not apply to cosmetic work carried out in accordance with this section.