Flat Chat Strata Forum Common Property Current Page

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  • #8525
    Charlie
    Flatchatter

      Hi,

       

      We bought a ground floor unit approx 4 years ago that has sliding doors opening onto a tiled slab “patio” (the same size as the balconies on the units on the rest of the buildings 13 units). The patio flows onto some grass which is accessible from some stairs (from the car park/garages) and a gate from the street. 

      The only people that use this patio/grassed area/walkway are the two ground floor units as it doesn’t benefit anyone else. Rather than abuse the use of this land, we have been extremely respectful of only using the tiled area to place our BBQ and outdoor table setting on. We have never had a party there, and always respected the grassed area as common property.

      According to the registered strata plan the tiled patio area is also ‘common property”. 

       

      Since the plan was registered, this has never been an issue with anyone until now. There are some works required to resurface the concrete slab below the area which means it has to all be dug up. There is a cost to replace the concrete slab and tiles which some of the unit owners are objecting to.

       

      I am pretty sure they are pushing for a special resolution to NOT replace the tiles which will take away any sort of landing we have outside our sliding door. Ultimately then, we will be stepping out onto grass, or whatever else they decide to put there.

       

      I know we also have a challenge with attempting to get a special law passed to allow us to use this area in the future, as it doesn’t benefit anyone else.

       

      Are there examples of a similar situation that anyone has experienced?

    Viewing 4 replies - 1 through 4 (of 4 total)
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    • #17042
      Whale
      Flatchatter

        Charlie – I haven’t experienced a similar situation as our Plan is older, and therefore all balconies form part of the Lots as opposed to being Common Property as is your case

        S62 of the NSW Strata Schemes Management Act (SCMA) places an absolute obligation upon the Owners Corporation (of which you are 1/13th) to “…properly maintain and keep in a state of good and serviceable repair the common property…” UNLESS it determines by way of a Special Resolution at a General Meeting that it’s “inappropriate” to repair (any part) of that common property.

        If the Owners Corporation properly resolves not to repair the tiled landing outside your Lot, and that means to not put it back the way it was, then enacting that resolution must “…not detract from the appearance of any property in the strata scheme”; and that includes your property [S62 3(b)].

        So I’d conclude that your Owners Corporation cannot Specially Resolve to not replace the concrete landing and the tiles, if that would detract from the appearance of the Common Property and/or of your Lot.

        Gently, gently, catchy monkey … so I’d approach the Members of your Executive Committee and suggest to them that not properly repairing the Common Property could place them in breach of the SCMA, and depending upon your financial position, perhaps offer to pay for the tiles if the Members would support an Exclusive Use By-Law in your favour. After all, that would remove any further maintenance costs by the O/C for the landing / tiles.  

        #17043
        Charlie
        Flatchatter
        Chat-starter

          Thanks Whale,

          That is really good advice. I appreciate the time you took to answer my post.

          It is unfortunate and possibly an oversight the the patio is not included in the strata entitlements. It has been used as a patio for the accompanying units for 35 years so it quite a unique situation that has risen.

           

          Regards

           

          Charlie Laugh

          #17045
          struggler
          Flatchatter

            In our complex we have some townhouses with a concrete tiled patio. We had one owner who proceeded to pull up the tiles and damage the concrete underneath. We wer able to intervene before more damage was done. There is much more to consider than it just being common property. From this experience above we found that there could be implications as this patio was part of the slab of the townhouse. I would ask the OC to provide an engineers report if they insist on removing this patio and not replacing it.

            I am with Whale here were I believe that the EC/OC should restore this area to its original condition that is a tiled concrete patio area.

            #17049
            Charlie
            Flatchatter
            Chat-starter

              Thanks Struggler, Also very sound advice. 

              There is obviously a reason the concrete slab was put there in the first place. Regardless of the tiles on top.

              I understand that the concrete membrane to stop water running into the garage below would be more effective if it had another concrete slab/tiles on top rather than grass and soil, in addition to the engineering reasons for the slab.

              Regards Charlie Laugh 

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