Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #8350
    fight4justice
    Flatchatter

      I am living on the ground floor in a very old 45 year old walk up unit.  I have two puzzles as follows:

       

      (1) Responsibility for maintaining the dividing fence in the back yard to which I have exclusive use

      I live in a 2 bed ground floor middle unit with a laundry open to a concrete backyard which is shared by owners of a front unit.  There is a dividing fence which separates the backyard into front and back portions.  I and my family have the exclusive use of the back portion and the front unit owner/residents have the exclusive use of the front portion.  However, we do not own the backyard which is common property.  There is a Special By-law No.4 which clearly stipulates that the owners corporation shall continue to be responsible for the proper maintenance and keeping in a state of good and serviceable repair the common property.

      The dividing fence is now collapsing and we lodge a request to the strata manager and EC to repair it.  However, the EC at a meeting rejected our request and resolved that the repair the dividing fence is not common property and that the repairs costs should be shared between the owners of the front unit and the middle unit.  Their reason given was that only the owners of the two units have exclusive use and enjoyment of the area despite the fact that they do not own the backyard.

      Question:  Can the EC by resolution repudiate the fact that a common property is not common property and hence shift the responsibility of maintaining and repairing the collapsing fence to the owners of the front and middle units.?

      The concrete stairs from our unit to the backyard have serious cracks and also the concrete surface of the backyard have deep indents as some parts are sinking due to aging.  Based on the above EC decisions, can the EC use similar rational to avoid owners corporation’s responsibilities of repairs

      (2) Possible exposure to asbestos materials

      It is known that asbestos material were used in the construction of this old unit.  It was proposed by some concerned owners that a suitably qualified person be engaged to inspect and report on any asbestos.  However, the EC rejected the request and resolved it may be done as part of OH & S Survey or separately as required.

      Recently the rooftop of the old public toilet at the back of the building has been found by a builder to deteriorate to such an extent that it might break up exposing the asbestos material in the air endangering the health and lives of the residents of the strata scheme and the surrounding neighbourhood.

      Question

      The EC always wants to save money in order to minimise increase in strata levy.  Since the health and lives of the residents may be endangered by exposure to asbestos, what are the proper course of action open to owners:

      Which of the following is the proper person to lodge a complaint such as the local council, state government agencies such as environmental, building and health departments? How do we lodge a complaint and has the matter dealt with quickly WITHOUT going through the widely known slow, cumbersome and ineffective mediation process  of  the Office of Fair Trading.  In particular,  the imminent break up of the old toilet rooftop containing asbestos materials is really a major health threat.

      All invaluable advice and past experience in similar cases from strata lawyers or owners will be highly appreciated.

    Viewing 3 replies - 1 through 3 (of 3 total)
    • Author
      Replies
    • #16352
      kiwipaul
      Flatchatter

        @fight4justice said:
        I am living on the ground floor in a very old 45 year old walk up unit.  I have two puzzles as follows:

         

        (1) Responsibility for maintaining the dividing fence in the back yard to which I have exclusive use

        Generally speaking this rule applies:

        The dividing fence between two courtyards is the responsibility of the owner on each side of the fence. If the fence separates the lot from common property then it is the responsibility of the owner of the lot and the Owners Corporation jointly

        You say you have exclusive use of the area, does the bylaw that gives you exclusive use also contain a clause stating that the OC retains responsibility for maintenance of this exclusive use area, if so  it’s OC responsibility.

        OR is their a general statement covering ALL the common area, if so by being given exclusive use of your courtyard YOU have accepted responsibility for the maintenance of it.

        #16370
        scotlandx
        Strataguru

          Certain requirements in relation to asbestos came into effect at the beginning of this year. If the strata is engaging tradesmen to work on the common property they most likely apply to you. The EC may wish to save money but in the end it could cost them a lot more.
          I suggest for a start you call Workcover
          https://www.workcover.nsw.gov.au/healthsafety/healthsafetytopics/Asbestos/Pages/Legislationandasbestos.aspx

          See also here

          NSW Asbestos Register

          #16377
          rthorburn
          Flatchatter

            Hi fight4justice,

            Regarding the asbestos issue, a OHS risk assessment should be able to detect if the material is in fact asbestos.  It is a simple matter to take some samples and have them lab tested ( maybe a few hundred dollars).  If the EC is planning to do the OHS survey, as you indicate, ask the EC and Strata Manager if they can specifically include sampling and testing as part of the survey. If the consultant can’t do this, then ask if they can engage someone who can. 

            Aside from legislation and regulations, I agree that it is important to address the matter.  If you write to the strata manger, I’m sure they will respond positively as ingoring such a request relating to health and safety is getting into negligence territory.

            You should be aware however that there are two broad types of asbestos material – ‘friable’ type (often used for pipe insulation) and ‘bound’ type (commonly used as asbestos cement roofing & sheeting). Friable is high risk and bound is much lower risk unless it is cut or sanded.  I suspect it could be the bound type at your place.  Therfore do not panic but be firm in your requests that it be addressed.

            Hope this helps.

            Rob T

          Viewing 3 replies - 1 through 3 (of 3 total)
          • You must be logged in to reply to this topic.

          Flat Chat Strata Forum Common Property Current Page