Flat Chat Strata Forum Common Property Current Page

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  • #9534
    flatchatgroupie
    Flatchatter

      Hi there,

      Could rendering (which is cracking badly) on the inside walls of a unit, ever be considered as common property? The OC is being asked to pay for repairs in multiple units. I thought inside walls are always individual lot owners’ responsibility.

      Thanks,

      Flatchatgroupie

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    • #21701
      DaveB
      Flatchatter

        You are basically correct, in that only the external walls and their rendering are part of common property.  Walls which are only internal are part of the lot, and hence up to the lot owner to maintain.  

        However the Owners Corporation could be involved in the event that your building is fairly new and still under warranty, in which case a claim could be made against the builders’ insurer.

        #21702
        Millie
        Flatchatter

          My understanding is that an internal wall which separates two units is still a Common Property wall – I’ve had unbelievable trouble trying to install a new kitchen as the EC is saying I can’t screw a screw or nail a nail into the kitchen wall because it adjoins the next apartment… The bylaws in our property have now been changed (since I signed my contract/works being blocked until the bylaw could be introduced). Our EC is now demanding a $5k ‘bond’ before anything can be touched, they can hold the bond for 2 months and they will determine how much I will be refunded.

          This being the case, the OC would be responsible for the repairs?

          #21706
          Whale
          Flatchatter

            Millie – nothing that you’ve said about the responsibility for re-rendering (see post #1) is inconsistent with what DaveB advised in post #2- i.e. the walls that separate units are considered external (or perimeter) walls and are common property.

            I recall your earlier posts about your proposed renovations, and whilst your Executive Committee (E/C) and/or Owners Corporation (O/C) is relying upon the model by-law 5 which states amongst other things……

            1) An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property without the approval in writing of the owners corporation.

            …… as you may remember, your E/C and/or O/C has only 2 months to respond to your application to renovate your kitchen, and after the expiry of that time you would be able to seek Orders to settle the issue.

            Personally were I in your situation, even though it sounds like your O/C has had past problems with renovations involving its Common Property (hence the proposed Special By-Law), provided your new kitchen is in the same position at the original, if I’d signed a contract with someone to undertake the new installation then I’d simply coordinate the timing of those works with the neighbours on the other side of the common wall, and then tell my contractor to go ahead with caution – particularly as your matter has been dragging-on forever and you, not your O/C, would still be responsible for any future repairs to whatever your contractor screws or nails to the common wall.

            #21704
            Millie
            Flatchatter

              Thanks Whale. Request for Orders submitted. Awaiting response from NCAT…

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            Flat Chat Strata Forum Common Property Current Page