Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #64502
    Mailbox
    Flatchatter

    I’m in a 1960s self-managed block of four with each unit having a lock-up garage under the building.  The motor on the garage opener needs replacing.  The other owners say it’s the individual owner’s responsibility but I wonder if it might come under common property.  There is no strata plan document that I can find to show what’s common property and what isn’t. Any thoughts?

Viewing 4 replies - 1 through 4 (of 4 total)
  • Author
    Replies
  • #64507
    kaindub
    Flatchatter

    I’m sure this is not uncommon.

    To start sorting it out , I’d ask whether other lots have electric openers . If not, then it’s likely the opener was installed by an owner ( electric openers were uncommon in the 60s).

    It’s unlikely thst it’s original as electric openers were uncommon in the 60s, so it was added by an owner.

    I don’t think it’s altogether clear,and could be argued a few ways. It’s just how much argument it’s worth.

    #64510
    newb
    Flatchatter

    Hi Mailbox

    Are you in NSW?

    It’s hard to tell if you don’t have the original plan drawings. Check your original sale contract or pre buy strata report to see if there’s a copy in there.

    I know for my 1960s building I had to look at both the plan and the certificate of title. My certificate  specified that Strata Schemes (Freehold Development) Act 1973 Schedule 4 Clause 3 applied to boundaries, which moved most boundaries from the centreline to upper, lower and inner surfaces. Except where marked with a note on the plan. My plan has notes specifying that lot property of garages extends to the outer face, and so includes the garage doors.

    The SCA Who is responsible? guide is only a guide, as pre 1974 buildings are a bit different and you do need to look at your certificate of title and the plan.

    Maybe the other owners have a copy of the plans they can show you? Common property is generally the thick line, and lot property the thin lines. And then any notes will specify further.

    #64524
    Cosmo
    Flatchatter

    My view is in the absence of documents for your specific strata showing they are common property the SCA guide “who is responsible” is authority to say the openers are an owner responsibility.

    #64611
    twosailram
    Flatchatter

    Most common property memorandums would say this is owner, not CP.

    Our strata took the approach of anything, including patio doors and windows were generally owner responsibility on the basis they are exclusive use, and their ‘wellbeing’ is dictated by the care with which they are used.

Viewing 4 replies - 1 through 4 (of 4 total)
  • You must be logged in to reply to this topic.

Flat Chat Strata Forum Common Property Current Page