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  • #8269
    adro
    Flatchatter

      I am in a self managed block of 8 2 bed units. Our bank balance is very healthy however our 83 year old manager is very tight with the purse strings. Our timber side boundary fence is being propped up by a stake, and has had wire woven through palings to hold them in place. I had a fencer come to give a quote who advised that it is a safety hazard. What rights do I have as an owner to see that  1. my property is safe 2. my property is kept in good shape?    

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    • #15961
      kiwipaul
      Flatchatter

        It’s the BC’s job to maintain the common property and you can submit a motion to the Secretary asking for this repair to be done with a copy of quote (some require 2 quotes). Just needs to be voted on by EC or all owners and a simple majourity will authorize it.

        Just need to be certain it is BC reasponsibllity.

        1) Boundary fence between your complex and another property cost is split 50/50 between BC and other property owner.

        2) Boundary fence between your unit and common property is split 50/50 between yourself and BC.

        3) Boundary fence between 2 units within block is split 50/50 between the 2 unit owners.

        This is the standard position but their could be something in your bylaws / plans that overide this. You need to check.

        If he refuses or vote fails suggest to him you will take action at CTTT as if it is common property they are liable for it’s maintenance.

        #15978
        pmo

          Write a letter to the manager requesting that he comply with Section 62 of the Act (all common property must be maintained in a good state of repair.) 

          Point out that the areas in question are not in a good state of repair and ask for a date that they will be rectified. 

          If he does not agree, lodge a complaint with the CTTT. The first thing they do is order mediation, so it brings the matter to a head. The mediator (who only comes in after you have tried to reach agreement on your own) will tell the manager in no uncertain terms that he has no choice but to comply with the Act. It is therefore very unlikely to go to a full hearing.

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