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We are a small 18-apartment block. One of the lightwells adjacent to the basement flat has been co-opted onto the apartment, fenced in to create a small courtyard for exclusive use by the basement flat owners. It was a previous owner who did this. It is on the title as common property. can the OC ask the owners to return it to common property and remove the fence and outdoor furniture?
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It’s common property and if there has been no sale or exclusive use by-law recorded, the strata scheme can demand it be returned to its original state.
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.
can the OC ask the owners to return it to common property and remove the fence and outdoor furniture?
Court of Appeal says maintenance requires the owners corporation to restore to its original condition any common property which has been altered, replaced or destroyed (without proper authority): Krimbogiannis.
Not only can the OC ask it can do if need be.
There is a duty the owners corporation owes to remove the item and restore the common property to its original condition.There was a Tribunal case in Victoria that went for 5 days and one of the reasonse the Applicant won (he was going to take over some common space I think) was that it was that other owners were not disadvantaged by him doing so. It was a long case to read and I think that was the gist of it
Is there a reason why the other owners are upset by the takeover of common land? I don’t understand – a lightwell on the groundfloor which provides light to the apartment?
Strata in Victoria is a very different beast – reminiscent of NSW back in the days of the CTTT when Members would interpret strata law as if it were some alien set of rules by which no sane person would choose to live.
But the question of “what’s the real problem here?” is relevant.
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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