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Good Morning,
I have already posted a few months ago which I cannot find, NSW Self managed town houses, and quotes for exterior painting and an extension and a strata by law. One of the units extended their unit, and a strata by law was passed that the owner are responsible for all aspects of their extension, however that particular owner is adamant and aggressive to me that with the painting quotes I am sourcing that we should take into consideration the original façade of his unit which is now inside is unit into the quote, I am saying that his is responsible for his extension and not the strata, and why we would strata take into consideration the previous building footprint. Any information would be appreciated.
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Your original post and a comprehensive set of replies are here.
The answer depends on what is common property and what has been taken over by the owner under the terms of the by-law.
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.
@Help_1 said:
Jimmy, not too sure myself Jimmy, How would I find this out ? The by law says Exclusive Use area as a result of the works and owner to repair, maintain and replace the right of the exclusive use where are installed..Those words – “maintain and replace the right of the exclusive use where are installed” – don’t make sense. Is something missing?
But generally speaking, if an owner gets the right to build something and attach it to common property (like a wall) then that wall doesn’t necessarily cease to be common property, although the benefitting owner should be required to maintain and repair the area of common property to which their extension is directly attached.
So the OC may be required to pain the original wall, but not the extension. A sensible solution would be to invite the owner to pay a reasonable amount to have the extension painted at the same time.
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.
Simple reply… if it’s common property, the OC can decide what to paint on in… how does he like mission brown on a (now) internal wall?
The simple answer is not to paint it. Let the owner chase you through Fair Trading and NCAT. The OC only needs to paint what needs painting.
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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