Flat Chat Strata Forum Common Property Current Page

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  • #8622

    Hi All,

    We have recently had a break in at our plan.Was through a doggy door.

    The door is a large glass sliding floor to ceiling. I believe would normally be CP but the owner had installed a doggy door without permission from the OC and we have only found out now after inspecting damage and the thief has removed that and entered through that space.

    As much as I feel for the person who has experienced this trauma, they are hoping the OC will pay for the replacement of the entire glass door.

    Are the OC obligated to pay for this?

    Cheers

Viewing 5 replies - 1 through 5 (of 5 total)
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  • #17498
    Whale
    Flatchatter

      CBF – Have a look at your Strata Plan (drawing), because it’s sometimes the case that wall/s (and any windows/doors therein) adjoining a courtyard/balcony that’s part of a Lot is not Common Property.

      If the wall is Common Property then in normal circumstances repairs to the glass sliding door would be the Owners Corporation’s responsibility, but is the door itself damaged or does the Owner want the entire door replaced because the type of doggy-door used necessitated cutting a hole in the glass of the original one?

      If, as I suspect from your post, that’s the case, then it isn’t a normal circumstance and I’d be looking for a compromise whereby the Owners Corporation arranges and pays for the repairs (is re-glazing an option?) and then seeks a partial reimbursement from the Owner.

      What happens with the dog access post the repairs? 

      #17506
      kiwipaul
      Flatchatter

        Don’t know about other states but in QLD if we have insurance excesses on the policy if the damage is to common property but only affects one unit (in this case) the owner has to pick up the excess and the insurance pays the balance.

        If it is not being done through insurance and the current owner is the one who cut the doggy door surely he is liable for the repair as he did the damage. If it was a previous owner then with what has previously been said on other posts is that responsibility falls to the OC.

        I also agree with what Whale says about doors and windows within the lot could be owners responsibility so check the plans (thick line on plan OC, thin lines owner responsibility)

        #17511
        considerate and fair
        Flatchatter
        Chat-starter

          Thanks all for consideration and replies. Yes we are aware normally the glass would be the OC responsibility, but considering the owner has made unnaproved alterations to the glass door by installing this doggy door therefore compromising the safety,strength ,security of the floor to ceiling glass door bla blah blah seems unfair that the OC should cop the expense. How on earth are we to know when people do these alterations and put the appropriate responsibility bylaw in place? Unlikely the thief would have been able to break the glass door if there was not a doggy door conveniently located to remove! Anyway, thankfully the person is safe and we pay for the door perhaps with misgivings. Still, not right. Frown

          Cheers and Happy New Year.

          #17519
          Whale
          Flatchatter

            CBF – Your Owners Corporation (O/C) is aware that the Owner of the Lot made alterations to the glass sliding door, and I assume you’ve now confirmed that the door is Common Property.

            That being the case your O/C doesn’t need a to put a By-Law in place to cover this and similar situations in the future, as one already exists as By-Law 5 in Schedule 1 of the Strata Schemes Management Act (in NSW) where Cl 1 states that:

            An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property without the approval in writing of the owners corporation.

            Additionally and again assuming that the sliding door is Common Property, your O/C is required to cover the costs of repairs, but it could as I suggested before Resolve to arrange and pay for those (to ensure that they’re done properly) and to then require the Lot Owner to make a contribution to those costs, which could be added as a separate line item to their next Levy Contributions Notice.

            Frankly I’d take that approach even if the Owner’s contribution is a small amount perhaps equivalent to the insurance excess (even though your O/C can’t claim for malicious damage), because what will your O/C do on the next occasion that an Owner makes some alteration to a item of Common Property and damages or defaces that; will the O/C pay for those repairs also? I don’t see the point in an O/C creating a precedent now that has the potential to in future become a rod for its own back!

            Finally and once again, I wonder what is this Owner going to do to permit access for her dog after the door’s repaired, leave it partially open on a permanent basis perhaps?

            #17508
            Jimmy-T
            Keymaster

              Sorry folks – I misread the original posting and thought the dog door had been installed by a previous owner (too much festive spirit, I fear).

              If the current owner installed the dog door then they have to pay for the repair of the window, in my view, as it was damaged by them in the first place and arguably weakened by the installation, not to mention what happened during the burglary. No dog door, no burglary, no breakage would be my logic and this would come under damage to common property.

              My view is similar to but probably a little more aggressive that Whale’s.  Charge them for the repair and then tell them if they want a dog door it will require a by-law that transfers ongoing maintenance of the door to the current and subsequent owners. No by-law, no dog door – simple as that. If they baulk at that, comprise if you want to on how much they pay but make sure you establish that they were in the wrong to fit the dog door without permission.

              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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