Flat Chat Strata Forum Common Property Current Page

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  • #8116
    chak
    Flatchatter

      Is the ground floor Unit courtyard consider common property? One of our unit owner wants the strata corp to pay for a report done on a tree for submission to the council for permission to have it remove. The unit owner wants the strata to pay for the removal as well. 

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    • #15437
      Jimmy-T
      Keymaster

        What does your strata plan say? Courtyards often aren’t common property – in which case your owner has no claim – but you won’t know for sure until you check the plan.

        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.
        #15448
        chak
        Flatchatter
        Chat-starter

          Strata plan stated CY (Courtyard) and not CP (Common Property). Does it mean the tree currently on the owner courtyard is her/his responsibility? She is complaining that the tree is the main cause of dampness in her unit. 

          #15453
          Jimmy-T
          Keymaster

            Sounds like the tree is her property and therefore her problem. It’s a roundabout argument but the OC could charge her for damage done to common property (damp in the walls cause by her tree). It would be a good idea all round to sit down and negotiate a solution.

            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.
            #15454
            Jimmy-T
            Keymaster

              Sounds like the tree is her property and therefore her problem. It’s a roundabout argument but the OC could charge her for damage done to common property (damp in the walls cause by her tree). It would be a good idea all round to sit down and negotiate a solution.

              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