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This is a strata of 32 units in NSW that became a SP in 1973 under the provisions of the former Conveyancing Strata Titles Act 1961. The doors to balconies form part of the respective lots. The OC some years ago has specially resolved to take responsibility for the maintenance of balcony doors by a special by-law.
An EGM was recently held whereby a new Owner was requesting a special by-law regarding works he wanted to do to his property. The motion for this by-law was rejected as it did not have the required number of votes to be passed and it was stated that an amended proposal be prepared and submitted to an EGM again.
There were 2 major issues involved. One had to do with magnesite removal and repair and the other was replacement of existing balcony sliding doors, of which there are 3, and replacement of existing windows.
The Owner has stated that these items are to be paid at OC expense yet the OC does not know what the expenses are as no costs are given in his proposal.
Over the years only 3 apartments have had door frames and windows replaced and these were done at the lot owners expense when they renovated their apartments.
Sliding balcony doors and windows have been maintained by the OC.
How to deal with the magnesite has been at issue for a couple of years now.
The OC brought in a firm to test all units a year or so ago. In the meantime a new EC has been elected and the new owner who wants to renovate is on the EC and has suggested an engineer who they know to come in and take core samples from three or four units,write a report, and make recommendations.
The OC were told in the minutes of the last EC meeting that this engineer would be available to do his testing the middle of Jan 2015, which is now.
Some Owners feel that the OC should wait until the engineers report is in to properly assess the issue. The OC does not know if the engineer will advise removal of all magnesite or repair certain areas and treat accordingly nor do they know the costs involved
Again, the Owner under Works is stating the removal of existing magnesite flooring, and re-topping of the slab to engineer’s specification at the OC expense and they want to have this motion carried now.
Sorry to have been so windy on this subject but wanted you to have all the facts as some Owners see them.
Any advice you can give will be greatly appreciated!
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Felix – a hard-line approach with the doors would be around the fact that the Owners Corporation is only required to properly maintain its Common Property, and to renew or replace any fixtures and fittings (such as doors & windows) only where maintenance and/or repair won’t in the O/C’s opinion render such items “serviceable”; such as where the costs of repair exceeds that of a replacement item.
So with that and past situations at your Plan in mind, and if the existing doors and windows in the Lot are serviceable, then your Owners Corporation could refuse to pay the costs of their replacement and to instead consent to the Owner paying for that as part of their proposed renovation.
The magnesite is another story, where I’d recommend waiting until the Report by a Consultant of the O/C’s choosing is received, and from which it can then be determined whether maintenance is in fact necessary in the renovating Owner’s Lot, and if so whether remediation or removal of the magnesite is the recommended solution.
If no maintenance is necessary then the Owner may be given consent by the O/C to themselves remove the magnesite at their cost, and if remediation or removal is recommended, then the O/C should do that at its cost.
By the way, why is a Special By-Law necessary in addition to the passing of a Special Resolution granting the O/C’s consent to the Owner’s proposed renovations? The O/C has already accepted responsibility for the maintenance of balcony doors and windows, so does it wish to make renovating Owner/s responsible for the maintenance of some additional items of Common Property within Lots?
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