Balcony Timber Decking

Recently our strata manager wrote to lot owners asking us to “consent to making a by-law conferring rights over the common property for the repair and maintenance of each lot’s respective decking by all the respective owners in our scheme”.

The Owners Corporation intends to seek approval at the AGM for a by-law that confers the following responsibilities on owners in relation to the timber decking on the balconies:

Owners

• must maintain, replace (if necessary) and keep in good and serviceable repair the Decking;
• remains liable for any damage to any lot or common property arising out of the Works (including to the Lot);
• must maintain, upkeep and replace, if necessary, those parts of the common property in contact with the Decking;
• remains liable for any damage to the Lot or common property arising out of the repair, maintenance, replacement or removal of the Decking;
• must repair and / or reinstate the common property or personal property of the Owners Corporation to its original condition if the Decking is removed or relocated;
• must at all times comply with all directions, orders and requirements of any Authority relating to the Works; and
• must indemnify and keep indemnified the Owners Corporation against any costs or losses arising out of the installation,use,repair,removal or replacement of any Decking or the Works including any liability in respect of the property of the Owner.

Furthermore, they add penalties nor not complying such as allowing the Owner’s Corporation to recover the costs of such work from the Owner as a debt due.

I am sure this action is in response to some damage that has already occurred to common property. However, I am concerned that the Owners Corporation is attempting to impose more responsibility on owners without appropriate consideration.