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  • #7212
    struggler
    Flatchatter

      Can EC members be held liable should they make a decision that may affect a property?  I am in a townhouse and have a treated pine deck at the back in the courtyard.  There is no way to check under the deck and my pest inspector has suggested I have a hatch installed so he can check the status of the property under there.  Not only for termites but for water runoff/drainage.  I am in a high termite area.  Since this complex was built termite resistant materials for decking have become readily available.   I thought I may as well replace the decking with this whilst building in inspection points.

      I have not taken this matter to my EC as yet.  I am not sure whether they include decking as Common Property (if so, there has been no money put aside for any replacements in the future, and decking needs replacing sometime).  Should they declide it is indeed common property and I cannot replace pine decking/supports with termite resistant products (or installation of hatches), can I hold the current members of the committee liable for any termite infestation initiating from this area/causing damage to this area?

      Should EC not agree, can I take the argument further?  I would not be changing if from a deck except for material and colour it would still be decking.  My deck is not visible from common areas and as I understand it, decking is not part of the actual structure ie it is a structure built off a structure.  If it were considered common property the EC would only need to replace with same (ie treated pine)?  Could I argue that replacement would constitute maintenance?

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    • #12461
      struggler
      Flatchatter
      Chat-starter

        Further to my above post, should the committee not allow or give permission for a change to my deck (should they consider it common property) could I apply NSW Strata Schemes By Law No. 5 referring to Damage to Common Property where it states (3) this bylaw does not prevent an owner or person authorised by an owner from installing: (b) any screen or other device to prevent entry of animals or insects on the lot?

        As I have said, I wish to make the deck  more accessible for termite/pest inspections and for checking adequate drainage under the deck.  I no not wish to change the size nor change it from decking materials.  This deck is not accessible nor visible to common property.  Inspections for termites in this complex is the responsibility of each individual owner and is a requirement to carry this out every year.

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