- This topic has 7 replies, 4 voices, and was last updated 1 year, 2 months ago by .
We have a bizzare common property dispute in my building.
The building is a little strange as the top floor has a semi-open ceiling in the corridor/foyer covering the area between the lift and the entrance to the two units on the floor. This open area is protected from direct rain entering the common area by a shade sail which is anchored from the roof and external building frame. It does not provide any direct benefit for the 2 units on this floor and is clearly part of the common property.
Recent high winds caused the sail to be brought down and it has been inspected and is in need of replacement due to age.
The Chairperson of the EC has declared that it was not part of the original building and that it was installed by an owner. Therefore, the OC is not responsible for the maintenance of this sail. This has been put forward without any evidence or documentation, and nothing can be found in the strata records or by-laws from 20 years ago.
The strata manager seems to side with the idea that if anything is installed at a later date, then the OC has no responsibility, which I feel is a misunderstanding of how Strata law works.
It’s possible that the original developer installed the sail to address a failing in the original building design. In heavy rain, this area can flood and this could lead to flooding of the lift shaft and adjoining properties, so the sail is actually of benefit to the building.
If the sail was installed and paid for by someone (unknown) other than the OC, and this was not documentated anywhere, can the EC committee claim that they have no responsibility for the maintenance? If they don’t have responsibility, then who does. The original developer and original owners of the 2 units on the floor have long since gone.
What’s the way forward on this?
- You must be logged in to reply to this topic.