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Hi, thanks all for contributing to this resource. I have a couple of questions relating to use of common property. I own a ground floor unit in a block of 6. The 2 floors above open onto wide landings that are common property, however my unit opens directly onto the car park area (I don’t have a car space).
The units above treat the landings as private balconies with BBQ’s, tables, pot plants etc on them – there is no specific by-law authorising this. Taking a cue from them I started storing my bike outside my door in the car park area (it did not impede access in any way). After about 6 months the Strata manager received an anonymous complaint about and at the recent EC meeting I was formally asked to remove it. When I pointed out that other residents had personal items on common property I was told the car park area is treated differently. Obviously I understand I can’t plonk it in the middle of the driveway but otherwise is this true?
Anyway, I agreed to move it for the sake of my sanity and was told I could store it in a different area of the carpark provided I sign a contract making me personally liable for any damage or injury caused by it. While this seems unlikely, this makes me uneasy. Does anyone have any insight if this is common practice or even legally binding? Should I be seeking similar contracts for other residents, eg, in case a pot plant falls off a landing above and hits a visitor on the head?
Thanks in advance!
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Common property is just that, usage for all residents. As I understand the SMMA, nothing can be stored on any part of common property. The Executive Committee’s role is to maintain and repair all common property, they do not have the authority to ask you to sign any agreement. However, at a general meeting the majority of owners can agree to allow you to use a section of common property. Generally, this may not a good solution as it can promote abuse and misuse of the common property.
I would check if those residents above you that are using common property for pot plants etc. do have the right to do so, e.g. do they have an exclusive use of that part of the property as part of their title? OH&S is a big issue for strata these days, and your point about pots falling, is valid. Maybe there is room for negotiation ?
Finally, in order to move forward, is there any area that can be set aside for safe, secure storage of bikes (of all types) with racks ? If so, before the next AGM get quotes for racks and put in on the agenda.
A point has been raised about exclusive use of the balconies or if the balconies may be part of the lot property. A view of the Strata Plan can confirm if the balconies are part of the lot property and a view of the By-laws regarding the exclusive rights of use. If either applies the lot owner that has the exclusive use or owns the balcony they can use it as they like and you and the other occupants would be trespassing if you enter without invitation or good reason to be on the property (eg, putting out a fire).
The car parking issue seems petty, I think you are referring to a motor bike, not a push bike? In short all lots would normally have an allocated car space unless it is an old scheme. Without further info I think you should keep the peace and park in the space now provided.
I have never heard of an OC being able to request or have an Owner or tenant sign a damage waiver, issues of lot Owners being responsible for upkeep etc is normally a term of a specific by-law.
If it is a real concern you may be able to get advice from the OFT however it’s the luck of the draw to whether you will get the right advice, depending on who answers the phone, and they wont give advice in writing. The other option is asking a strata Lawyer.
Hope this helps.
Chris Mo’ane
GMD
Integrated Consultancy
May I suggest that calling OFT is usually very worthwhile particularly in recent months. I do recommend that you avail yourself of the Strata Act online before making this call. This may avoid the costly hourly rate and expense of a strata lawyer. Personally, I have spent thousands of dollars using “expert strata advice” to no avail. However, it was OFT guidance who gave clear advice and the cost…. A phone call.
@justsaying said:
May I suggest that calling OFT is usually very worthwhile particularly in recent months. I do recommend that you avail yourself of the Strata Act online before making this call. This may avoid the costly hourly rate and expense of a strata lawyer. Personally, I have spent thousands of dollars using “expert strata advice” to no avail. However, it was OFT guidance who gave clear advice and the cost…. A phone call.Hmmm. Depends on the “expert” and it very much depends on who’s on the other end of the phone at Fair trading. In the meantime, having a look at the strata Act can do no harm and you will find it online HERE.
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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