Flat Chat Strata Forum Common Property Current Page

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  • #8593

    Is a balcony common property? The EC of my block are delaying giving me permission to install bifold windows on my balcony. Mine is the only balcony in the entire block of 24 that is still fully open. All others are enclosed. My proposal is completely in keeping with all of the others in terms of colour of frames, use of clear glass etc. They are delaying the process as they want to pass bylaws regarding the interior and exterior design of the heritage building. My concern is that I have grandchildren who could fall from the balcony so I would like to make it safe. I have explained to them that if at some future point all of the balcony enclosures are to be replaced with a more appropriate and uniform design then mine along with everyone elses could be replaced. This of course could take years and at least my balcony would be safe in the meantime. Any advice?

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  • #17343
    kiwipaul
    Flatchatter

      The first thing you need to do is check the CURRENT bylaws and see if their is one specifying what the rules are for enclosing balconies in your strata. If their is a generic one so long as your enclosure meets the current bylaw you can just go ahead and do it.

      OR if their isn’t a generic one are their numerous bylaws that all the rest of the owners have submitted individually to cover their own enclosure when it was done. If this is the case you will have to submit your current request in the form of a bylaw (similar to the others) and request it be approved.

      If the EC refuse to approve your request without a good reason you can

      1) Do it anyway and let them take action against you which they will more likely loose if others have been allowed the same thing. (not the ideal solution but it’s fast).

      2) Start proceeding with a conciliation and adjudication action to force the EC to give you permission. Again I suspect you would win but time consuming and costs approx $150.

      If their is no generic bylaw and no other bylaws referring to balcony enclosures it mans that they have been done without approval and you shouldn’t be denied the right to do the same. Your option would be the same as 1) and 2).

      To be fair you could advise that you will give the EC 3 months to produce a new design and if nothing is approved by then you will continue with plans you have organized (and coppies submitted to EC).

      #17345
      scotlandx
      Strataguru

        1. Is the balcony common property – have a look at the strata plan and that will tell you whether the balcony is common property.  Or you could ask the strata manager.

         

        2. Even if it isn’t common property, I think you would need approval as it probably affects common property and alters the appearance of the lot.

         

        3. I don’t know how long ago you requested permission, but go back to them and assuming you have given them all the information they need, put a timeframe on it, e.g. one month, and tell them if you don’t get a response you will make an application for mediation and then possibly adjudication.

         

        One issue there is whether you can apply for adjudication where an OC has failed to make a decision either way, refer section 140.  In this case they haven’t refused consent, they have just failed to make a decision.

        140 Order relating to alterations and repairs to common property and other property

        (1) An Adjudicator may order an owners corporation to consent to work proposed to be carried out by an owner if the Adjudicator considers that the owners corporation has unreasonably refused its consent and the work relates to any of the following:

        (a) alterations to common property directly affecting the owner’s lot,

        (b) carrying out repairs to common property or any other property of the owners corporation directly affecting the owner’s lot.

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      Flat Chat Strata Forum Common Property Current Page