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At our handover to a strata manager (due to the conclusion of a dispute), we requested our duplex neighbour formalise their handshake agreement with the former owner of our apartment for exclusive use of the roof-space above their apartment. Is wording for such a by-law standard, or can we have input regarding the use (or abuse) of the space, including flooring, use of and maintenance of any wall material attached to trusses and structures? Smoke detector? My other concern is that there is no ‘trade-off’ for their use or contra to us, nor has there been any offer of a consideration to the Owners’ Corporation. Should I simply agree to the bylaw or do I have a right to read it and have input to the wording?
G
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As the old saying goes, a verbal agreement isn’t worth the paper it’s written on.
If you are giving up a part of common property, you are pretty much allowed to impose any conditions that you wish – if they don’t agree to your conditions, they don’t get to take over common property.
You don’t want to be a dog in a manger about this but if your neighbour wants to go ahead, it would be perfectly reasonable, if not common sense, for you to ask for:
- Written guarantees about noise (especially with regard to flooring)
- Written guarantees about the future maintenance at their cost of what was previously common property
- An agreement on an adjustment to the Unit Entitlements addressing their additional holding
- Payment for the purchase of the Common Property based on the estimated increase in value of the unit, minus the cost of building it, divided by two (since you are only a two-unit scheme).
- You want all of this in a by-law written by your strata lawyer at the other neighbour’s expense.
Any reluctance to agree to any of these conditions should be enough for you to say no. It’s not about screwing an unfair advantage, it’s about protecting the value of your property and allowing the neighbour to do what they want without getting a free ride at your expense. Remember, once that common property roof space has gone, it’s not available for your use in the future.
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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