On title garden – staircase replacement

› Flat Chat Strata Forum › Common Property › Current Page

  • Creator
    Topic
  • 08/01/2022 at 10:59 pm #60805
    TrulEConcerned
    Flatchatter

      In a small strata, all ground floor units have their own on title garden.

      In a couple of gardens (those I have seen), there is a staircase in each as the garden is at a lower level than the rear of the unit.

      About a decade ago I saw my staircase was rotting away, wobbly and dangerous to use, so it was replaced at my cost.

      I need to replace it again as it is again rotting. Odd, as it is “treated pine” and I was assured by the then tradesmen of “decades” of life out of it.

      The OC never offered to pay for the previous replacement of my staircase.

      I know that staircases were fixtures in the gardens when the building was erected. Does that make them common property?

      FYI, the strata’s diagram/plan is not informative in this regard.

      Thanks in advance for your replies.

    • Creator
      Topic
    Viewing 8 replies - 1 through 8 (of 8 total)
    • Author
      Replies
    • 10/01/2022 at 7:56 am #60808
      kaindub
      Flatchatter

        The strata plan is the only evidence you can go off.

        Two things to look for.

        The strata plan will show the stratum ( or levels) of your property. If the garden is a different level to the living area, there will be at least two drawings for you lot.

        If the thick line outlines the stairs, then the stairs are OC responsibility. I expect if this is the case thst the stairs are defined in the living area plan.

        The second case is that the plan shows the outline of your garden, and there is no outline of the stairs. The plan will have a note to the effect that the lot property extends x meters below ground level, and y meters above ground level. In this case the stairs are owner responsibility.

        This situation is one of the trickier cases, and could cause a lot of argument.

         

        10/01/2022 at 7:56 am #60810
        Sujenna
        Flatchatter

          Why not post a photo so we can see the situation of the staircase before advising?

          10/01/2022 at 7:58 am #60813
          Jimmy-T
          Keymaster
            Sujenna wrote:

            Why not post a photo so we can see the situation of the staircase before advising?

            I can’t really see how that would help.  Kaindub’s response has it covered – it’s what’s marked on the strata plan that matters.

            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.
            18/01/2022 at 4:35 pm #60908
            TrulEConcerned
            Flatchatter
            Chat-starter

              Hey Kaindub,

              Thanks for the reply and appologies for my late feedback.

              FYI, at the rear of the unit (also known as a “townhouse” in the strata plan) is a patio and beyond and beneath the patio  is the garden. Stairs connect the patio to the garden, which is some 2-3 meters the patio.

              In response to your detailed post, note:
              I found the following text on a strata plan diagram

              Quote

              All areas are approximate, courtyards on basement level are limited in height to 3 meters above and in depth to 3 meters below of the upper surface of the adjoining town house ground floor slab.

              Unquote

              Furthermore, a drawing of the lots shows shows in the rear of two lots, mine and a neighbour, a thick black line extending from the rear patio partially into the garden. This is exactly where the stairs are located.

              Are these two facts proof that stairs are OC responsibility?

              Thank you in advance.

               

              18/01/2022 at 4:38 pm #60911
              Jimmy-T
              Keymaster

                I’m going to (partially) pick up on Sujenna’s suggestion and ask if you can send a picture of the plan you just described.

                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.
                26/01/2022 at 8:58 am #61003
                TrulEConcerned
                Flatchatter
                Chat-starter

                  Sorry for the late reply, but it was a very hectic week.

                  Prior to posting my query, I inquired at the local council and was told in time someone will get back to me about the ownership of the stairs.

                  I was about to scan the plan and post it here as asked, when late yesterday a council officer contacted me.

                  Having reviewed the papers in its possession, the council is confident that the stairs, notwithstanding is an original structure, is not OC property, principally because it is not listed on the plan or documents the council has access to.

                  Thanks to all for your replies.

                  27/01/2022 at 10:37 am #61050
                  kaindub
                  Flatchatter

                    You got an answer.

                    Let me ask you, would you ask your plumber for an assesment of that pain you have in your back?

                    Local councils are completely unfamiliar with strata, and especially your particular strata. It’s unlikely they gave an informed and legally robust answer.
                    As others have asked, post your strata plan on the forum for at least a more informed answer, or speak with a strata lawyer.

                    If you assume it’s part of your lot, and you change it, and it turns out to be common property, you have just broken a bylaw.

                    On the other hand, if it’s your property but the OC spends money on it, you could be asked to repay.

                    06/02/2022 at 2:49 pm #61204
                    TrulEConcerned
                    Flatchatter
                    Chat-starter

                      Hi Kaindub, sorry for my late reply. Thank you for your feedback. On close examination, the document sent to me by the council  – in reply to my query as to whether the stairs were common property – was signed by a surveyor who explained the ins and outs of why he deems the stairs to be lot owner’s responsibility.

                      It is reasonable to consider the matter closed. Thank you once again.

                    • Author
                      Replies
                    Viewing 8 replies - 1 through 8 (of 8 total)
                    • You must be logged in to reply to this topic.

                    › Flat Chat Strata Forum › Common Property › Current Page