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17/11/2016 at 10:58 am
#25792
Were these pergolas part of the original design of the building or were they erected at a later time by the individual Owners of these Lots?
If they were part of the original design of the building, and without seeing your structural engineering plans, it seems to me that the whole of the pergolas (including those parts that above and below 2.5 m in height) would be a common property issue as they appear to be both structural (e.g. concrete slabs, columns, connected to the walls) and a design feature of the building.
Section 62 of the current SSMA indicates that strata schemes have a strict statutory duty to repair and maintain common property.