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@Kangaroo said:
My understanding is that the 1974 changes to the Act, for new stratas, made balconies Common Property and moved the dividing line between Lot and Common Property from the middle of common walls to the inner surface. Therefore doors leading onto balconies were Common Property for new strata plans, but remained part of the Lot for existing Stratas.
Which brings me back to the point – jamezb is being asked to pay a share of repairing something he doesn’t own, either individually or collectively. However, under section 64 (see below) the Owners Corp is entitled to repair or replace lot owners property if they need to do so to protect the integrity of the building.
So Jamezb is stuck with his share of the bill based on Unit Entitlements, rather than actual share of the benefit. But if the windows were common property, the same would apply.
This is what the Act says:
64 What power does an owners corporation have to carry out work at its own expense?
(1) An owners corporation may carry out such work as is necessary to rectify any of the following defects:
(a) any structural defect in any part of a building comprised in a lot that affects or is likely to affect the support or shelter provided by that lot for another lot in the building or the common property,
(2) An owners corporation may carry out work referred to in this section at its own expense if the cost of the work cannot be recovered from some other person.