- This topic has 4 replies, 3 voices, and was last updated 2 years, 4 months ago by .
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Hi All
Our 27 lot apartment block circa 1970 is 8 levels double brick with concrete intermediary slabs and roof.
As constructed one of the (3) top level apartments has also a section above the roof where on outdoor room and open space is for their personal use. The remainder of the roof area is largely for lift machinery room access. The strata plan shows about 50 percent of the total roof area is for that apartments exclusive use.
There has been a motion put forward by the SC to replace / repair the roof membrane and they suggests the lot owner pay 50 percent of the 230k + quotation.
While that owner has exclusive use of her 50%, the roof slab including original waterproofing membrane is surely common property and to be paid for as any other common property repairs and maintenance – on Lot entitlement.
Any chatters have experience and knowledge please
- This topic was modified 2 years, 4 months ago by .
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It’s unclear what your question is.
If the owner is amenable to paying 50% of the repair, then that’s a win for the OC.
If the owner is not amenable and the owners vote for this 50/50 split, then I’d say the owner will take the matter to NCAT and probably win if as you suggest thst it’s OC responsibility.
Of course there may be an exclusive use by law encompassing not only the usage but the maintenance and repair of that common property. In which case a strata lawyer will need to be consulted for an opinion as to who’s responsible.
Of course there may be an exclusive use by law …
The building is more than 50years old. It’s reasonable to assume, in the absence of information to the contrary, that whatever the division of responsibility was when it was built still applies now.
The owner and the strata committee need to look at the original strata plan and determine from it what is common property and what isn’t. It really is as simple as that.
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.
My question is – Is there ever a circumstance where a portion of the roof slab itself, which covers the whole building, has ownership consigned to an individual lot owner.
I recall a block where friends of mine lived and the penthouse owners wanted to take over the roof space for their private use. They paid the OC a lot of money and agreed that they would maintain the roof, as part of the by-law that gave them permission.
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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