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So – I am an owner of a unit in an 18 unit building, pre 1974. After literally years of delay, the Executive Committee, of which I am a member, has finally agreed to proceed with work to repair/repaint the rusted lintels above doors and windows.
We have a new Strata Manager with whom there have been some issues we are trying to smooth out, but at the last moment he has suggested that the owners of those units with doors and windows leading out to balconies should pay for their own lintel repairs, and that amount be deducted from the bill to be paid by the OC from the sinking fund.
There are four affected units, each with one window and door onto the balcony, sharing the same lintel. Altogether there are 79 lintels being fixed, so four out of 79 to be paid for by the owners, according to the Strata Manager.
As one of the affected owners, my response so far has been to say “lintels are separate structural elements that are NOT part of the windows and doors, but are designed to support the overlying brickwork, which is common property.” Does this seem fair and reasonable?
I am also suggesting we adopt the 2011 Memorandum, “Defining who is responsible for items and areas in a Strata scheme”, so as to avoid future issues of this nature. Is this still the most current document of its type, or is there something more recent?
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@Nibbles55 said:
…my response so far has been to say “lintels are separate structural elements that are NOT part of the windows and doors, but are designed to support the overlying brickwork, which is common property.” Does this seem fair and reasonable?…Sounds right to me.
Tell them if they don’t want to own the lintels, you will remove them … and you look forward to your upstairs neighbour dropping in for a chat.
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.
I am about to contradict myself. This is what the SCA’s “Who’s Responsible ..” document (prepared by the Dept of Lands) says:
If the strata plan was registered before 1 July 1974 the balcony wall including the windows and door and their working parts are generally part of the lot and the lot owner’s responsibility for maintenance and repairs (unless there is a notation on the strata plan or the balconies are not shown on the strata plan).
If the plan was registered after 1 July 1974 the balcony wall including the windows and doors and their working parts are generally common property and the owners corporation’s responsibility (unless the strata plan says otherwise). With the exception to flyscreens and/or security doors where they were installed by an owner after registration of the strata plan.
Looks like your strata manager is right. This is not the law, per se, but it would certainly be used as a guide at a tribunal. Maybe you won’t have your neighbour dropping in after all.
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.
Perhaps there is some previous Tribunal decision that would inform a current one? Eg. They might have decided that a structural matter is, after all, an OC responsibility, even pre-1974. Are decisions of the NCAT searchable?
@PeterC said:
Perhaps there is some previous Tribunal decision that would inform a current one? Eg. They might have decided that a structural matter is, after all, an OC responsibility, even pre-1974. Are decisions of the NCAT searchable?Some NCAT, CTTT and Strata Schemes Board decisions are posted (selectively) and are searchable.
Here are the links
Strata Schemes Board: https://www.austlii.edu.au/au/cases/nsw/NSWSSB/
CTTT: https://www.austlii.edu.au/au/cases/nsw/NSWCTTT/
NCAT: https://www.austlii.edu.au/au/cases/nsw/NSWCATCD/
NCAT APPEALS: https://www.austlii.edu.au/au/cases/nsw/NSWCATAP/
It can be a bit of a trudge through, and I would recommend going by the year and then searching a keyword (like “lintel”) but be warned, it can be quite addictive finding out how awful we can be to each other in strata.
Also, you might want to do a Boolean search for ‘Strata and lintel’ otherwise you will be wading through pages of complaints about builders which are many and deeply depressing.
Finally, NCAT (or CTTT) decisions do not create a legal precedent (which is just as well when you read some of them).
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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