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my elderly mother lives in a small block of villas all owner occupied by other elderly residents. she now needs a hand rail just outside her front door to safely walk down a small sloping path (a metre or two at the most i think) to the footpath. since this would be on common property she thought the body corporate might pay for it, especially as the body corporate has paid to have paths installed for some of the residents at their request around their villas. she has enqiured (with the body coprorate manager i think) and been told she will have to foot this expense as it is for her personal use, so she asked me to write on her behalf to get some advice/clarification. thanks for any help.
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@writer said:
my elderly mother lives in a small block of villas all owner occupied by other elderly residents. she now needs a hand rail just outside her front door to safely walk down a small sloping path (a metre or two at the most i think) to the footpath. since this would be on common property she thought the body corporate might pay for it, especially as the body corporate has paid to have paths installed for some of the residents at their request around their villas. she has enqiured (with the body coprorate manager i think) and been told she will have to foot this expense as it is for her personal use, so she asked me to write on her behalf to get some advice/clarification. thanks for any help.It is her expense, as common property is what was there when she moved in. The EC would need to give permission to have the handrail put on, but there should be a state or local government agency that assists/pays for aids like hand rails and ramps for those who need them for access.
We have exactly this situation. Two elderly ladies were separately given approval to install a simple rail beside short, sloping lengths of path that traversed common property from their units to the main, flatter path. In the ACT, the EC can approve ‘minor’ incursions on common property where they are ‘unlikely to unreasonably interfere with the use and enjoyment’ of the common property by other residents. The rails belong to those ladies and were their expense.
However, I think this highlights a need for a new Rule (by-law). I intend to propose something along the lines of: “Unit owners are required to repair, maintain and keep safe utility connections, paths, driveways and any other infrastructure or equipment that traverses or is placed on common property but only serves or connects to that owner’s unit.”
I am hoping something along these lines would cover not only paths but sewer lines and airconditioners and such like.
There are a number of issues here.
1) confirm that is a strata title with your mother
2) a handrail can be installed at the OC expense, however it needs to go to a general meeting for approval as it is an addition to the common property.
3) A precedence has been set by allowing additional paths to be constructed for some owners with OC funds
4) the proposal for the handrail could include general safety and slip concerns not only for your mother but for any visitors.
5) I understand that the Government do provide some assistance for elderly folk. A Occupational Therapist could visit on a recommendation from your GP.
6) If there is no bylaw in the scheme, and your mother has to buy the handrail your mother may have to provide one ,accepting any future maintenance for the handrail.
Good luck!
Our EC has just had the same request from an owner, however it refers to ‘the safety of elderly visitors’. The wish is to place the rail outside 1 townhouse only, and references a handrail on common property outside the residence next door in the complex.
Any suggestions as to the responsibilities of the EC will be gratefully received – thanks!
@writer said:my elderly mother lives in a small block of villas all owner occupied by other elderly residents. she now needs a hand rail just outside her front door to safely walk down a small sloping path (a metre or two at the most i think) to the footpath. since this would be on common property she thought the body corporate might pay for it, especially as the body corporate has paid to have paths installed for some of the residents at their request around their villas. she has enqiured (with the body coprorate manager i think) and been told she will have to foot this expense as it is for her personal use, so she asked me to write on her behalf to get some advice/clarification. thanks for any help.
Hi Writer,
It would seem that the location of the proposed handrail is within common property. Your mum has every right to raise the request, however the Owners Corporation would only have an obligation to install the handrail if it was required under the BCA at the time of the original Construction approval. Of course any OC may at its discretion have a handrail installed, however most would not want to set a precedent and/or create complaints from other owners that the OC is spending their money on issues that are not legitimate maintenance or upkeep issues.
You are also correct in that your mum if on being advised that the OC is not prepared to install the handrail can make application to the OC to allow her to have the handrail installed at her cost. Always remember that no owner may modify or add to the Common Property without the consent of the OC. I think for such a small item the need to lodge a DA application with Council could be over looked.
Hope this helps to understand the options and the rules.
Chris Mo’ane
GMD
Integrated Building Consultancy
With respect to the previous comments, a precedent has been set by allowing additional paths to be installed for some owners with OC funds. I recommend that you place the item on an EC meeting as correspondence, then take the item to a AGM for all owners to consider. It is inappropriate to lodge a DA at this stage and before the Executive Committee has been approached. Another thought, maybe the scheme might welcome handrails in other areas as a proactive approach to OH&S issues. Finally, the strata manager could be more helpful by assisting with the correct information. Hope all these comments are helpful to you and your mother.
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