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Our OC plans major remedial works to fix concrete spalling and to waterproof balconies and the roof in our 60 year old building. The engineers’ scope of works lists removal and replacement of balcony sliding doors as a part of balcony works. My unit, which I purchased a few months ago, was renovated 2 years ago and a new soundproof sliding balcony door with 6 mm laminated glass installed. It is an expensive door and I don’t want it to be replaced. As our strata plan was registered before 1974 the balcony wall and the door are lot property. Am I entitled to require OC that my door to be re-installed after the balcony work completion? Or at least replaced by a similar soundproof door if re-installation is not possible?
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I don’t know what you’re “entitled” to do, but it seems like some communication with your Committee would be in order – letting them know that you’ve had new and special doors installed (with permission?) and there is no need to replace them. If they have to be temporarily removed for the purposes of doing the balcony work, then you’d like them replaced with the same. This should be a reduction in cost for the overall project (one less set of doors to provide) so I can’t see why they’d object, unless you did this original work without permission. If that happened, the OC is “entitled” to require you to revert to the same doors as everyone else.
The other thing to negotiate is who replaces your special doors if they get broken during the work. At worst, the OC should pay for new doors of the same kind that everyone else is getting, and you would pay the extra to upgrade to the special ones that you want.
If you don’t already have a by-law in place that says 1) you have permission to change your balcony doors and 2) you are responsible for maintaining those doors going forward (not the OC), then this is probably the time when that by-law needs to be put in place. The by-law should also state who is responsible if the doors are broken by the OC or the OC’s contractor – that might all happen too late for this project but will help you in the future if other work impacts those doors.
One final thing – if your doors are broken during the work, the OC may be able to claim on insurance. But a claim can have far-reaching consequences. Premiums go up, insurers refuse to reinsure simply because there has been a claim. And the OC may refuse to do this if they never gave permission for these doors in the first place. And you might not be able to claim if there is no by-law stating that you are responsible for maintaining the doors.
You had included all of Uberowner’s post as a quote. I have cut that back as otherwise we end up with the same material (which is still there in the original post) appearing over and over again.
No big deal but I’m just taking this opportunity to remind all Flatchatters to just hit reply most of the time or use “quote” on a highlighted section of the post if there is a specific point to which you wish to respond.
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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