Flat Chat Strata Forum Common Property Current Page

  • This topic has 4 replies, 4 voices, and was last updated 1 month ago by .
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  • #74673
    Young@Heart
    Flatchatter

      We have a owner who want to install an Acorn stairlift three floors on a common access staircase all of which is common property.

      Apart from access rights, can the OC transfer ownership of the structure to the user/owner?

      What about Legal liability should an incident occur?

      All we think we can do is transfer financial liability to the owner not all obligations associated with ownership.

      Comments please.

      Geoff

      • This topic was modified 1 month ago by .
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    • #74700
      kaindub
      Flatchatter

        The installation of the stairlift requires an exclusive use bylaw.( it’s exclusive because it’s using common property, not for the exclusive use of the owner)

        In it ( the act says) you put in who owns it, who maintains it, who removes it and anything else that you don’t want the OC to cover.

        You should get an experienced strata lawyer to draw up such a by law.

        Also check that any access and fire regulations are met. It’s up to the owner to ensure compliance.

        • This reply was modified 1 month ago by .
        #74731
        Young@Heart
        Flatchatter
        Chat-starter

          Thank you, kaindub,

          If Exclusive use is covered by the By-Law, does that mean that Legal Liability is transferred from the OC to the ‘owner’?

          I am conscious that because the OC has permitted installation, it is responsible

          Geoff

          #74733
          Jimmy-T
          Keymaster

            This is called a common property by-law and it has a condition that ongoing responsibility for maintenance must be ascribed to the lot owner otherwise it defaults to the OC. Thus the OC can make it a condition of the by-law that the lot owner (and all subsequent owners of that lot) accept responsibility for maintenance and repairs.  If the lot owner refuses, then the OC is entitled to refuse to allow the installation. In some circumstances the OC could even ask the lot owner to pay for taking over common property.  And who pays the electricity bill for the chair lift?  A strata lawyer really should be consulted on this (at the lot owner’s expense).

            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.
            #74734
            Boronia
            Flatchatter

              This subject was discussed at length a couple of months ago.

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            Flat Chat Strata Forum Common Property Current Page