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In a normal situation the external walls of a lot is common property I assume this includes entry doors and windows and is maintained by the owner’s corporation.
Early strata law was different
- Balconies included in the lot, who is responsible for maintenance of doors inside the lot the balcony door
- By-laws (regulation) did stipulate that unless stated the owner getting exclusive access to common property is responsible for maintenance unless otherwise stated, who is then responsible for maintenance of the garage door that is part of the common property given exclusive rights to. (if all lots have garages no problem but all do not hence does a lot not allocated a garage pay for maintenance for common property not shared) The situation was not considered when the lot entitlement was registered as the by-law for exclusive use of the garage where registered years later (all 1 bedroom units has exclusive right too external parking space all other has exclusive right too lockable garages all common property) and no mention about maintenance hence all maintenance the lot owners getting the exclusive use of common property responsibility
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This seems to belong to another thread. Any ideas which one?
Please don’t start a brand new thread when you are commenting or responding – nobody can follow.
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.
I think this is a new question, not a response to something else.
And I think it’s about SPs registered pre-1974.
For SPs registered pre-1-July-1974, it is true that:
1) Balcony doors are owner’s responsibility, but owners must still obey the By-Law about “in keeping with the rest of the building”.
2) With an SP of that vintage, if one balcony door needs maintenance or replacement, they probably all do, and it’s “permissable” for the OC to resolve to fix them all at once at OC expense, assuming each unit has the same number of balcony doors.
3) Garage doors are common property.
For exclusive use By-Laws registered pre-1987, it is true that:
4) Maintenance became the exclusive user’s responsibility, by default, without that fact having to be stated in the exclusive use By-Law.
5) It would be “unfair” to apply the principle in (2) above if not all units have an exclusive use garage.
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