leaking balcony repairs

Sarah 1, I think I can confidently say this and if I’m not right I know JimmyT or someone else will correct me: All the stuff should be relocated for you and returned at the strata’s expense, not yours.

I suggest, without delay, you ask your agent or landlord, if no agent, in writing (email) to ask the strata manager in writing and CC you, to have the stuff moved and returned at their expense.

I’m sure you will be able to word your request more eloquently and politely than this post. Go to it!

Hi Sarah,

I assume that you are a tenant under a lease agreement with the landlord perhaps via an agent.  The lease agreement is very likley not to involve the Owners Corporation, except for the fact that you will need to abide with the By Laws.

I suggest that you read the lease thoroughly.  Do not be afraid to read it. If it does not say that you need to remove furniture at your cost in such situations, then ask the landlord/agent where in the lease it requires you to do this.  If they can show clearly that it is your responsibility, then you will need to comply.  If it does not, then you should challenge it and refuse to comply with their request unless they can demonstrate it is in the lease.

Please remember, the lease (or the contract governs), not comment or hearsay.  If it is unclear, ask for clarification from the landlord, not the OC as you have no contractual relationship with them.

I would suspect, although not certain without reading the lease, that you would be required to provide access only, but not to incur cost of furniture relocations.

Good Luck,

Rob

This is what Chris from IBC actually said:

The bottom line is that the OC would have the right to request that you temporally remove the furniture, pots etc that you may own. The rest which I assume belongs to the unit Owner is up to them to remove.

Keep a balance approach on this as its to your benefit to have the repairs done. Give the Agent a call or talk to your EC committee members, a team approach would seem to be the answer to me.

 … and this is what Les Dansonne said:

Interesting how ‘the big end of town’ sees things.

For what it’s worth, when we’ve had work done on our balcony – OC work on common property – we’ve been instructed to remove planters etc at our own expense, the logic being that the balcony isn’t actually ours (it’s common property) so having planters or anything else there is allowed at the OC’s discretion but is our responsibility.

And really, what has the “big end of town” got to do with anything? All this “them and us” stuff gets us nowhere. Nothing wrong with a balanced approach, is there?

“Ivory Tower credentials”, Les? Really? He’s a bloke who is qualified more than most to give advice that you happen not to agree with. He may be wrong (I doubt it) but there’s no need to sneer at someone just because they have earned the right to express an opinion (for which we would otherwise pay). There’s no conspiracy here.
As for his advice to Struggler – have a look at what Struggs said HERE.
That whole issue of your EC insurance being contingent on you having fulfilled your duty of care and due diligence is so obvious when you read it but will be a real slap in the face to those cowboy EC members who think they have immunity from any responsibility.
And hey, if I was building an Ivory Tower, Chris Mo’ane would be the first person I’d consult (and he would tell me not to be such a bloody idiot).
On the question of consulting a lawyer, I often say that too and here’s why – it’s a reality check for everyone who’s bashed their head off the brick wall of an incompetent executive committee or whatever. The question it raises is, how much are you prepared to pay to resolve this issue? And if you’re not prepared to pay anything or very much at all, the next best piece of advice is often  “so learn to live with it.”
But what I’m doing less frequently these days is telling people that the best or only thing to do is rock up to Fair Trading with $78 in your hot little hand and spend the next few months of your life trying to get a decision over a petty issue.

Most lawyers will give you a free initial consultation (often by email) to tell you what your chances are of winning and how much it will cost to do so. I really can’t see the harm in that.

As Chris says, if it’s her stuff she has to move it – regardless of whether or not she’s a tenant. If it’s the landord’s stuff – ie permanent planters etc, then the landlord should pay for it to be moved. And if the planters happen to be common property (unlikely) then the Owners Corp has to pay for them to be moved.

Hi Les,

I have no problem with anyone expressing their view and I don’t expect that everyone is going to to agree with my contributions and that’s OK. But it would be nice if you didn’t misquote me, I never said Sarah had to get a removalist, we are talking about a few items on a patio.

In regards to the Top End of Town, seems like a bit of tall popy syndrome. But your comment could not be further from the truth, I have built the business from the dining room table like so many successful Australian Businesses and yes I have built the business around Strata, so every day we are out there helping the mums, dads and kids to get the best out of Strata Living.

The great thing about this forum is that we can all have a say and as a collective help each other, so welcome to you and thanks for your constructive input. Regards Chris Mo’ane

@Les Dansonne said:

I find it had to accept IBC’s assertion that Sarah should have to move the stuff herself (or pay a reomvalist to have it moved) and I note he doesn’t quote any part of the NSW Strata Titles Act.

I find it just as hard to accept as his recent assertions that inadequate cleaning of Common Property was not, ‘not maintaining the common property’ as it should be maintained. Interesting how ‘the big end of town’ sees things.

Hi again Sarah 1.

I definitely think that, despite what the experts may say here, there’s no need for you to simply accept the ‘rough end of the pineapple’.

Ask nicely and eloquently that all the stuff on you balcony is relocated for you at anyone else’s but except yours and you could also ask for a rent reduction for any inconvenience in not being able to use your your balcony as well as having workmen traipsing through your flat.

That is obviously the right and fair thing which should occur.

You guys rock!!! After all, she IS only a TENANT. With all her stuff all over COMMON PROPERTY too. She should definitely have to move it herself. You have all finally convinced me. Over and out.