- This topic has 3 replies, 2 voices, and was last updated 1 year, 4 months ago by .
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My friend lives in a higher-rise lot with roof water ingress issues affecting large swaths of roof and damaged ceilings of the top floor units. His lot has a tiled and covered roof top area which included a hard-fixed single hot tub and a separate sauna box both installed by the developer at original construction. The/his area is only accessible up through the spiral staircase from his lot below. About 6 lots were built in this configuration and the rest of the roof space is pressed metal.
The body corp has advised him that to fix the internal roof area destroyed by ingress that it is at his cost to remove/return afterwards the spa and the sauna so they can repair the roof and ceiling. We are wondering if others have some thoughts as to does this sound correct, or should the body corp pay for removing and returning the spa and sauna as a cost of the total works? And if he should push back in disagreement what way might he do that?
- This topic was modified 1 year, 5 months ago by .
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The could be quite simple or it might be a little bit complicated. Go back to the original strata plan and if it shows the tub and spa as common property then the body corporate has to retore it.
Even if it’s lot property, there’s a general principle (why may or may not apply in Queensland) that if the owners corporation has to break lot property to fix common property, then it also has to repair the lot property.
You get there’s a little envy at play in this but I think the BC and building manager are wrong. If they don’t want to replace the tub and spa, find a way of fixing the roof without touching them.
It might be different, of course, if the tub and spa were lot property and they were causing the problem. But then again it might not.
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.
The spa/decking/sauna I would think would be the owners responsibility to move as that is not a body corporate maintenance responsibility.
This is a circular argument. The strata manager “thinks” it’s the lot owner’s responsibility, therefor it’s the lot owner’s responsibility.
I would be asking for less thinking and more facts. Ask for some documentation to prove that this doesn’t come under common property or “fixtures and fittings” which, in NSW at least, are part of owners corporation responsibility. May be different in Qld but it’s a starting point.
The strata manager is, for obvious reasons, keen to make life easy for his bosses – that strata committee – by passing costs on to individual owners. That doesn’t make it right.
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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