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  • #10807
    Frida Kay
    Flatchatter

      CryDear Jimmy & Strata Gang,

      an external electric awning was mounted  by ground floor owner above the upper unit’s floor line breaching the double brick cavity causing the upper unit’s skirting boards to pull away from the wall and the wall to crack. Plus, the awning was mounted in front of the gas pipe. The gas pipe entry to the upper unit flooring is well below the awning cassette. 

      Not only is the internal skirting boards disturbed and the wall cracking I am concerned the power points in the skirting may be vulnerable/damaged.

      i am astounded the awning is mounted so high on the external wall around the gas pipe clearly above the gas entry to our unit & the internal damage caused. 

      What do I do? Is this kosher?

      I appreciate your feedback to this matter. 

      Aaaahhhhh. Pre holiday worries!

    Viewing 3 replies - 1 through 3 (of 3 total)
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    • #26028
      Jimmy-T
      Keymaster

        Did the downstairs owner have written permission to install the awning?  It should have been via a by-law that, apart from allowing them to do it, apportioned responsibility for damage and repairs to them.

        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
        #26034
        Frida Kay
        Flatchatter
        Chat-starter

          The owner of the unit assumed permission as the other 3 owners did not reply to the email request for permission as it was supposingly to be an agenda’d item at the next meeting. There has been no previous discussion/presentation of the size or intended position of this awning. 

          We were away for the weekend when the owner of the unit installed this large encased electric awning high up on the external wall just 6 bricks below our windows. 

          The damage indicates the airspace between the double brick wall has been breached. The awning runs from our living room, across the kitchen and to the tub side of our bathroom besides covering a portion of the gas pipe leading into our unit. The gas pipe enters our unit well below the awning. We cannot confirm if the wet floor of the bathroom is damaged. The dishwasher & kitchen cupboards also conceal skirting. Our unit is wired with blue cable & the power points are in the skirting boards-wiring runs behind skirting boards. 

          The owner of the unit below has been notified re: the visible damage. Requesting  photos to present to the installers. 

          I am astounded the awning would be mounted so high and not below the gas pipe clearly entering our unit indicative of our floor space. 

          I cannot fathom where to start rectifying the damage. Would this awning have to be repositioned below gas pipe and floor level?

          I shutter to the thought of numerous  tradesmen to remove/ replace skirting boards, wiring checked, wall cracks repaired, painting surfaces,… a nightmare dealing with the owner/ Chairman of this small self managed Strata. The same owner who previously allowed/observed water to leak from a split flexible hose under our sink for 8 hours causing unnecessary extensive water damage to both apartments. 

          Such disregard for the integrity of this 100 year old building and clearly to floor space of the unit above.

          How do we go about this process of rectifying the damage?

          #26035
          Jimmy-T
          Keymaster

            It’s hard in a small self-managed scheme but basically the owners corp should arrange for repairs to common property and then charge the owner who caused the problem.  

            The owner of the awning should also be given the choice of repositioning the awning, paying for the repairs and accepting responsibility for future maintenance (via a by-law) or be required to take it down.

            Ask for this in writing and if nothing is done within 2 months, seek orders under section 232 at NCAT. 

            The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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