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Hi there,
I live in a lowrise block of 15 units which were originally built in the mid-60s. At the time of construction, all units (at least at the front and back of the block which face due west and due east respectively) had sunshades fitted to the balconies – one bracket is secured to the outer bedroom wall, the second bracket is secured just inside the boundary of the balcony. Those shades which have not been removed in preceding years have not been maintained/replaced since installation and are now in a complete state of disrepair.
According to the new memorandum re “who owns what” put out by the Dept of Fair Trading, it appears that awnings affixed to common property are the responsibility of the OC while those affixed to private property are the responsibliity of each owner. Going by the strata diagram the actual balcony is private property, while the outer bedroom wall is obviously common property. Given that our awnings are affixed to both common and private property, what do you think our chances of getting the OC to agree to covering the cost of repair would be?!
Look forward to any and all comments.
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If possible, check your Registered Strata Plan where common property walls will be drawn as thicker lines, with thinner lines just above or below showing individual measurements / distances.
I’m sure you’ll find that both brackets are on a common property wall, and this, together with the fact that the sunshades were installed at the time of your building'’s construction makes the matter of their replacement the responsibility of your Owners Corporation.
Michelle, others on this Forum have suggested (politely) that I’m an idealist, and whilst that may be factual, I do admit to being someone who actively seeks a compromise that’s both equitable, sustainable, and in accordance with Strata Law.
That being my objective, I’ll suggest to you that even though your O/C may well be entirely responsible for the maintenance and repair of the sunshades by virtue of the fact that they’re part of the original construction, they’ve been in place for so long, and they could be considered additions to the Common Property, a compromise is in order.
That compromise could be a Motion on the Agenda for your next General Meeting (or for an Extraordinary Meeting if timing is an issue) that proposes a one-off sharing of costs between the O/C and those Proprietors who wish to replace the sunshades at the front of their Units / Lots, and a further provision that declares those items to be “Lot Owners’ Fixtures” once replaced. The ratio of that shared cost arrangement could be whatever is seen as fair, but in the circumstances you describe 50:50 seems appropriate to me.
Whatever the ratio, that mechanism could resolve the current impasse, put a lid on the proverbial “can of worms”, and ensure the consistency of the replacement sunshades (e.g. colour/design) in terms of maintaining the appearance of the Common Property; a positive for the O/C.
The quid-pro-quo for those Proprietors involved would be that whilst they’d be responsible for the on-going maintenance / repairs / replacements of the sunshades, “Lot Owners Fixtures” are usually covered under Strata Building Insurance Policies where the “loss” arises from “defined events” (e.g. storm damage).
I hope this helps!
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