Flat Chat Strata Forum Common Property Current Page

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    My mother lives in a 3 unit strata development and is in the middle.The other two units have a driveway up the side of each unit that connects to a small back courtyard.

    My mother has mentioned that if there was a fire and she could not leave by her front door  she would be trapped if she went out the back door in her own small courtyard. The strata manager agrees and has sent around a workman to measure up a gate into one of the other units on the side  in the same strata plan.( so she could leave by their driveway)

    The workman asked my mother who was paying- she has now spoken with her strata manager and has been told she has to pay for this. She was told if the gate was put in her back fence and lead to other property not part of the strata

    then the strata would pay!. (Note  she can’t do this as one of the neighbours at the back has a brick wall higher than her paling fence and the other has a thick cypress hedge – and that is apart from any issue of whether they would want to allow it ) .This seems strange to me that if the strata manager feels this is necessary to comply with fire regulations and my mum is going from one part of the strata to another that it’s not covered but if she were able to leave to totally different property it would be ! Any thoughts? Note as this is a worry for her ( she is 85 ) she says she’s quite happy to pay. Thanks Jeff

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    Jimmy-T
    Keymaster

      It strikes me that even if the fence isn’t common  property, if the fire exit is required then that would be CP and it’s up to the owners corp to pay.  I’m sure someone will start quoting chapter and verse of  who owns which part of the fence – cue My Pink Half of the Drainpipe – but that’s irrelevant if this is adjudged to be a necessary fire safety measure..  However, if it isn‘t a necessary fire safety measure, then Mum could be paying for this on her own (if she can get the neighbours’ permission to put a gate in there.

      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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    Flat Chat Strata Forum Common Property Current Page