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2 units in our block of 6 have had their balconies enclosed. The enclosing happened after the building was completed but before the current owners bought their units. There do not appear to be any by-laws to approve the work done but suspect there was approval granted. The SP was registered around 1971.
One of the units has major water issues whenever it rains. The other unit has issues on the odd occasion when the rain is quite heavy. There is a quote being considered by the OC to render the external brickworks amongst other things that will require scaffolding. The cost is significant. Is this something the OC must pay or do the individual unit owners have to pay for their share of the cost and the OC pay for the common property matters?
When looked at in the past, it was noted by builders quoting for the OC that the unit “has leaky windows where the balconies have been enclosed, this design cannot withstand the heavy rain and no action is required.” Does this mean the individual owner is responsible for fixing the leaks?
If the leaks originate from problems in the common property, is it all the OCs cost?
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As we have noted many times on this forum, if owners corporations allow owners to make changes to common property without approval, then future owners corps inherit the duty to maintain and repair the changes adter the unit has been sold on to subsequent owners.
It sounds very much like that’s what’s happened here but there are a few options. The owners corp could agree to just “suck it up” and pay for the repairs.
Or you could say, that since this structure is common property and it is costing you money to repair it, you are just going to remove it.
Or you could agree with the current owners to repair this once, provided they agree to a by-law passing responsibility for all future repairs to them and whoever buys the unit in the future.
The current owners can’t have it both ways. If they insist it’s common property, then (unless I am seriously mistaken) you can decide whether or not to keep it in place.
There is a compromise to be had here – there are a lot of grey areas to be looked at.
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.
OCs might like to consider a rule/bylaw/article like the one we recently adopted. Essentially we now have in place a rule that states that anything installed on common property that is solely for the benefit of one unit (aka ‘lot’) is the responsibility of that unit owner to repair and maintain regardless of whether permission to install it was granted or not, and the unit owner must ensure that it remains in a safe condition and is not to the detriment of the appearance of the common property. Also, the OC can take action to make such things safe or remove them if the owner does not comply (with reasonable notice etc) and bill the owner.
The above example would not apply for us as all balconies are with in the unit area for us. However, air conditioner parts or hot water systems that have been installed next to units are now the unit owner’s to deal with for sure, regardless of who put them there or whether there was an approval in place.
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