Flat Chat Strata Forum Common Property Current Page

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  • #8333

    Hi all,

    Property with strata scheme will have its common area looked after by OC. But how about property without strata sceme, like 2 townhouses in a block or duplex or flat (a building where 2 tenant live upstair or downstair). Of course, I am referring such properties that have tenants.

     

    For our discussion, let’s just say a common driveway of 2 townhouses has some grass area on the side that need maintenance (monthly trim, cutting, etc).

     

    If each owner of the townhouse occupied it themselves, then I guess it is 50-50 shared responsibility among them.

     

    SCENARIO 1: If both townhouses owned by one owner. Is it the owner that need to maintain it? or the tenant of each share 50-50 responsibility for it?
    If nothing mention about this on the tenancy agreement that will make it more difficult.

     

    SCENARIO 2: If each townhouse has different owner. 

     

    I guess if each owner put in the lease that the common area is shared responsibility of both tenant, probably that’s the end of story – but what if one tenant got that special condition and the other do not.

    I seems cannot find any reference on this matter without involving Strata Scheme, what will be the best guide to this problem, especially with lack of specific on the contract.

     

    What do you think?

    Thanks !

    rapz
     

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  • #16221
    Anonymous

      Hi,

      I think I need to say this is a very strange question to find on a Strata forum site, maybe you should go the he REA forum site with these types of questions.

      I take it that these town houses are on one tile and not a Strata Scheme. If this is the case then the maintenance of lawns etc should be on the lease, if it’s not then the Owner has inherited a mowing job for themselves on the weekends.

      @raptorz said:

      Hi all,

      Property with strata scheme will have its common area looked after by OC. But how about property without strata sceme, like 2 townhouses in a block or duplex or flat (a building where 2 tenant live upstair or downstair). Of course, I am referring such properties that have tenants.

       

      For our discussion, let’s just say a common driveway of 2 townhouses has some grass area on the side that need maintenance (monthly trim, cutting, etc).

       

      If each owner of the townhouse occupied it themselves, then I guess it is 50-50 shared responsibility among them.

       

      SCENARIO 1: If both townhouses owned by one owner. Is it the owner that need to maintain it? or the tenant of each share 50-50 responsibility for it?
      If nothing mention about this on the tenancy agreement that will make it more difficult.

       

      SCENARIO 2: If each townhouse has different owner. 

       

      I guess if each owner put in the lease that the common area is shared responsibility of both tenant, probably that’s the end of story – but what if one tenant got that special condition and the other do not.

      I seems cannot find any reference on this matter without involving Strata Scheme, what will be the best guide to this problem, especially with lack of specific on the contract.

       

      What do you think?

      Thanks !

      rapz
       

      #16225
      FlatChatFan
      Flatchatter

        @raptorz said:
        Hi all,

        Property with strata scheme will have its common area looked after by OC. But how about property without strata sceme, like 2 townhouses in a block or duplex or flat (a building where 2 tenant live upstair or downstair). Of course, I am referring such properties that have tenants.

         

        For our discussion, let’s just say a common driveway of 2 townhouses has some grass area on the side that need maintenance (monthly trim, cutting, etc).

         

        If each owner of the townhouse occupied it themselves, then I guess it is 50-50 shared responsibility among them.

         

        SCENARIO 1: If both townhouses owned by one owner. Is it the owner that need to maintain it? or the tenant of each share 50-50 responsibility for it?
        If nothing mention about this on the tenancy agreement that will make it more difficult.

         

        SCENARIO 2: If each townhouse has different owner. 

         

        I guess if each owner put in the lease that the common area is shared responsibility of both tenant, probably that’s the end of story – but what if one tenant got that special condition and the other do not.

        I seems cannot find any reference on this matter without involving Strata Scheme, what will be the best guide to this problem, especially with lack of specific on the contract.

         

        What do you think?

        Thanks !

        rapz
         

        Hi rapz,

        Have you asked the owner or the Agent what is expected?

        In NSW a standard lease that most people sign has paragraphs about lawns/gardens, cleaning windows, pets, etc.  Before  signing, it is important to take the time to read the lease in full and ask the owner or the Agent if you are not sure what is expected.  Also ask for a copy of the lease so you can refer to it later.

        I had a tenant who had mainly lived in units, but when leasing my house, he did not know he was supposed to keep the lawns mowed and the yard tidy. (I sold that house to buy my villa.)

        If the other tenant has a ‘special condition’, did the owner/Agent tell you that, or the other tenant?  Maybe the other tenant is really the owner? Maybe the other tenant is a friend or family of the owner and they just want you to look after their lawn as well?

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