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  • #7890
    gavage
    Flatchatter

      The Strata Plan says

       

      ‘The Stratum of the balconies extends from the upper surface of their respective concrete floor level to a height of 3.0 metres above that surface except where covered’

       

      The balcony is tiled.

       

      Who is responsible for the tiles?

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    • #14661
      Jimmy-T
      Keymaster

        The cover referred to here is, for instance, the balcony above the one you are referring to which forms a ceiling or roof.

        If the balcony is common property then the tiles covering it are too (unless clearly stated otherwise in the by-laws).

        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.
        #14663
        gavage
        Flatchatter
        Chat-starter

           

          Its the top apartment so no cover, and there are no by-laws stating tiles are the owne'rs responsibility however the owner's corporation is saying in relation to the stratum statement

          'This would appear to say that anything above the surface of the concrete is the owner’s responsibility, including the tiles'

           

          The interpretation is what I question

          #14665
          Jimmy-T
          Keymaster

            Your EC is misreading this document.  It's actually saying THEY are responsible for everything for three metres above the concrete in common property.

            The land department’s memorandum on who’s responsible for what in strata says balcony seal and tiles are the OC’s responsibility. Bear in mind that might not apply to your building but in the absence of anything that says it doesn’t, I’d say that was the default position.

            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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