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  • #9050

    I recently posted about the fact that our balcony is causing leaks, and there has been a plan to completely retile the balcony. There was disagreement about access, we wanted external access but they wanted internal. To avoid it all going on and on we have granted internal access. Now they are planning to use cheap tiles to replace the current ones. At the AGM we all agreed that I would be permitted to choose similar tiles to what we have, and no price was mentioned. I have selected a tile but now the others feel it is too expensive. however they say if I can negotiate the price down by $10 per sq m, we can have it. I’m pretty sure I haven’t chosen anything extravagant. It’s expensive because the balcony is huge, which they should have thought about before retiling everything. Is it my job to negotiate a price on the tile? And can they outvote me to select a cheaper tile, which after all will affect the look and value of my apartment? Any advice is very much appreciated.

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  • #19512
    Sir Humphrey
    Strataguru

      It is a long time since I have bought tiles so I have no idea if your tile choice is cheap or expensive. Perhaps, if a particular tile of a particular cost per m2 is chosen for all the balconies, unit owners could be given the option to substitute a different choice if they pay the difference in price. To avoid it becoming a big job for the manager or EC, those wanting a different choice could be asked to source and provide the tiles and be reimbursed the lesser cost of the standard choice. Alternatively, unit owners could be restricted to making a choice from a particular shop which then collates the bulk order and tabulates the extra charge to be billed to unit owners for non-standard choices.

      It is probably a big enough job for someone on the EC as it is so I could sympathise if they are resisting what could turn into an exercise in herding cats. I suggest making it very easy for them if you would like choice. 

       

      #19535

      as the building was built 10 years ago, those original tiles are lost in antiquity. I’ve tried to find tiles that are as similar as possible, but I haven’t gone to different shops to get quotes. Given that the balcony is common property, can the body corporate decide unilaterally which tiles go there, or do I have some say?

      #19541
      Sir Humphrey
      Strataguru

        A decision about common property is properly made by the owners corporation. You could propose that units owners be able to choose tiles for the balconies associated with their units with a price adjustment if their selection is more expensive. The owners at a general meeting might support your proposal or not. I would talk to an EC member about how it might be practically arranged without lumbering someone else with a lot of work. If you have EC support for a reasonable proposal I would expect a general meeting to support the idea. 

        In all this I am assuming that the tiles of a balcony are only visible from within the attached unit. If the tiles are visible more generally there might be a compelling argument for a consistent appearance to the building.

        #19556
        scotlandx
        Strataguru

          It is my understanding (anyone feel free to correct me) that if the OC is replacing/repairing common property, then the common property has to be repaired/replace to the same standard.

          For example – I live in a pre-War building with very nice decorative ceilings.  One of those ceilings requires replacement.  I have the right to require that the ceiling is replaced like for like, as distinct from it being replaced with a plain ceiling.

          In the case of the tiles – this divides into two elements – the standard/quality of the tiles and the appearance of the tiles.  If the tiles that the owners corporation is proposing to use are not the same standard/quality as the tiles previously used, or won’t serve the purpose they are meant to, then I believe you can object to that.  Appearance is another matter, and that is something you have to negotiate.

           

          #19558
          Jimmy-T
          Keymaster

            I agree with Scotty. The recent Thoo case established in the Appeals Court that the Owners Corp only has to repair and replace to the same standard – but surely that implies repairs have to be to at least the same standard.

            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.
            #19560

            The owners corporation will have authority to select tiles as they are considered common property. They should select tiles to match as close as possible. The quote they have approved for the works should specify this.

            If you wish to have different tiles, then offer to pay the difference in price. It is unlikely there will be any objection from the other owners.

            BTW – if you want to insist on access via scaffold on the outside you could also offer to pay for the scaffold hire but this is likely to be more expensive than the tiling works.

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