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Topic
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I have a question about Stratum Statements in the Strata Plan
There is a statement included in my strata plan reads “Courtyards where uncovered are limited in stratum to 3m above & 3m below the upper surface of the Level 1 floor”
Does this statement mean that the owners corporation is responsible for anything located within the above boundaries in a private courtyard (not common area)
Thanks
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Replies
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No. It means your responsibilty as a lot owner extends 3 metres above and below the floor of the courtyard (assuming the courtyard is lot property and not common property)
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.
If that’s the case Jimmy, can an owner stop window cleaners setting up anchor points on the common property roof of a building, which ultimately will affect an owner’s balcony space and outdoor awnings, plants and furniture as they go across this area to clean everyone’s windows.
Strictly speaking, the owners corp can demand access through lot property for repair and maintenance – but if the lot owner is resistant, this would have to be enforced through NCAT orders and could therefor be delayed.
This happened in our building when the developers failed to provide aerial access for windows and painting and the penthouse owners had to be asked to allow workers to set up pulleys and cranes periodically (and patience was bound to wear thin after a while).
My suggestion of a rail around the outside of the top level, which could be access by abseilers from common property, was ridiculed and we then embarked on a madcap million-dollar scheme to put a rail track on the roof with an electric crane on it, which would have required the evacuation of the top three floors while necessary strengthening work was done.
When that scheme was thankfully abandoned (the engineer had a nervous breakdown – honest!) some genius on our committee (of which I am not a member) came up with the idea of a rail around the outside of the top level, which could be accessed by abseilers from common property.
Sound familiar? It’s there now and works fine and that’s what you should take to your committee as an alternative to the legal action that they will require to force you to allow tradies to clamber over your pot plants.
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.
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