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We bought our unit 6 years ago,brand new with the pergola,however the paint used to paint the pergola must have been of inferior quality as the pergola now needs repainting.
I requested the manager and building committee to have it repainted,but they said it is my responsibility.
Is this so?
My quarterly payments are $1164.00 and the sinking fund has plenty of money in it.
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Unless the pergola is listed on the plan as common property, it looks like it’s down to you.
If you’d bought the unit 18 months ago, you could have claimed it as a non-structural defect. If the thing was falling down, you might (maybe) have claimed it as a building defect.
But as I say, unless it’s clearly defined on your strata plan as part of common property – and I’m assuming it’s a separate structure in your garden – then it’s down to you.
Prepare for more fun and games when you tell them what colour you plan to paint it.
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.
In NSW with regard to a townhouse or free standing villa who paints the exterior walls facing onto the garden (in QLD it’s the owner). In fact you are suposed to ref the plans to check what is common property (thick black lines) or lot property (thin black lines).
Problem is our plans are a collection of thick and thin lines bearing very litttle relationship to the intension of the act. The whole of the upstairs of my town house is common property (even facing the garden) but the downstairs facing the garden is lot property.
I believe the Act definations should apply unless OC authorize changes and then the new plans take precedence. I don’t think the person who drew up our plans had a clue.
Voodorp said: Hi Whale, We live in NSW, we bought the unit brand new and the pergola was and is attached to the unit wall.
(See more at: http://www.flatchat.com.au/forum/common-property/painting-of-pergola-1/#spPostForm).
I was initially going to recommend that you do some homework yourself by looking on the Strata Title Plan and/or on the Plan of your Lot, but upon reflection I’m going to recommend that you simply place your request for maintenance of the pergola in writing to the Secretary of your Executive Committee with a copy to the Strata Manager, add that in your opinion it’s Common Property, and request a written response within say 7 days together with their explanation of why your opinion’s incorrect if that’s the line that they take.
There’s only a couple of scenarios where the maintenance of the pergola could conceivably be yours, but rather than confuse what should a straight-forward issue let’s cross those bridges later if necessary.
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