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Our small strata has been discussing a request to allow an owner to install a stair/chair lift from the ground floor to the 2nd floor. Amongst other concerns, is the fact that we don’t know of any other strata block that has installed a chair/stair lift, so we can draw on their experience. The supplier has plenty of references in private houses but none in stratas.
Other concerns are about reduced width of the stair case and the resultant inconvenience to others, technical issues arising etc.
I am interested in hearing of any experience or knowledge you might have with this system, plusses and minuses.
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I think they generally have a rail that sits close to the wall and the seat folds up to also be close to the wall. So, I would not expect much reduction in width or inconvenience to others.
I think this is the sort of thing that could be approved subject to a condition that ‘the unit owner at any time of lot X is responsible for all costs involved in its installation, repair, maintenance and decommissioning when no longer required’. That wording means that if the present owner dies or sells the unit, the responsibility remains with whoever buys or inherits the unit.
Here’s my $0.02.
I penned a long response outlining the many pot holes you need to avoid when transferring common property to a lot owner or worse still, selling the common property.
On reflection I have a far simpler response: drop the matter. Do not proceed. Keep as far away from it as you can. As you wrote: “The supplier has plenty of references in private houses but none in stratas”.
Do you know exactly the model chair lift under consideration? Will parts be available in future years? Will others be inconvenienced by the noise? Will the OC decide on the terms of a service agreement with the supplier or will it leave it to the lot owner?
Do you really want to be the guinea pig if something goes pear shaped? Are you or others in your OC confident, really confident that the skills and outcomes in a private house are transferable to a strata? Say you’re all in favour. Say the local council approves it but in say, 5 years bans it for any reason. The council orders the OC to remove it. Do you think the lot owner would accept the OC’s dictate to cover the cost of removal and restore the area to its pre-chair lift condition, without a fight?
The historic record will show the OC knew the supplier has no provable record in stratas, yet the OC chose to go ahead anyway.
In my humble opinion, that is not a winning hand.
Perhaps this should be considered as an access issue? An owner needs to be able to access their unit.
Maybe this could be an opportunity to consider whether a lift servicing all floors is feasible, benefitting all owners and improving the value of the building?
“… pot holes you need to avoid when transferring common property to a lot owner or worse still, selling the common property…”
I don’t think this is “selling common property”. It would be allowing an installation of private equipment on common property subject to conditions that would run with the unit.
“…“The supplier has plenty of references in private houses but none in stratas”. Do you know exactly the model chair lift under consideration? Will parts be available in future years? Will others be inconvenienced by the noise? …”
I think the committee should diligently research options including noise levels itself. Perhaps there are models of chair lift that would better fit the space or it might find an installer it prefers who can show an example that has been used in strata. With a little research, the committee could reassure itself that the best option is the one proposed or it could find something better and only approve that.
“Will the OC decide on the terms of a service agreement with the supplier or will it leave it to the lot owner?”
I think it would be adequate to make it a condition of approval that the owner of the chairlift ensures that it is serviced and safe and accepts liability for it and must undertake any repairs required by the OC at any time etc.
“…Say the local council approves it but in say, 5 years bans it for any reason. The council orders the OC to remove it…”
A condition of approval could be that the OC retains the right to require its removal at the lot owner’s expense without recourse.
I don’t think it would be all that hard to be accommodating on access while ensuring there is little risk to the OC.
Physically installing such a device “in a strata” should be no more difficult than in a private residence. There would be industry standards or best practices, depending the structure supporting the rails.
A lot would depend on the layout of the building and stairwells. In my block, a chair to the 2nd floor (which has Foyer, G, 1, 2) would require 3 separate installations as the stairs are not continuous.
Unless a building has been designed to accommodate lifts, it would be virtually impossible, or horrendously impossible, to retrofit them.
Another consideration if this is allowed, what happens if another owner decides they should also be entitled to have a similar personal facility?
Noting that the chair lift will use electricity, how will the installer pay for this?
I reckon it would be fairly certain that other residents will seek to use the chair lift. Would this be permitted?
Of course the owner will be liable for its removal when they leave. Such liability would of course attach to the residence.
Noting that the chair lift will use electricity, how will the installer pay for this?
The electricity consumption would be tiny but it could be estimated and covered by a paying some nominal amount. Twenty dollars might have the unit owner in credit for a decade.
Unless a building has been designed to accommodate lifts, it would be virtually impossible, or horrendously impossible, to retrofit them.
There are companies that will fit clip-on lifts to the outside of older buildings, provided they can access landings on the other side of the external walls. Newer buildings could even look at using utility “cupboards” if they are stacked vertically. And anything over three or four storeys will surely have lifts anyway.
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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