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Young@Heart

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  • 29/06/2024 at 9:02 am in reply to: Installation of a Chair Lift on Common Property Stairs #74950
    Young@Heart
    Flatchatter

      Dear Actyve,

      The OC is going to approve the Acorn Stairlift. Main rationale:

      We understand the OC has an ‘legal’ obligation under elements of the Anti-discrimination Act (Disabled persons) (not the exact name of the Act!!), to do what may be necessary to permit an existing owner from continuing to enjoy their property.

      We deemed the access, width of the staircase, after construction of the stairlift to be ‘reasonable’ because the available access width was just 15mm less than the width of the common front access door to the lobby. ie: we are talking 850mm v 865. The By-Law will transfer all financial obligations to the unit owner now and for the future. It includes an Indemnity for Insurance for negligence. The Stairlift can be used by all residents who use the actual stairs.

      Hope this helps. Please ask for anything else specific.

      13/06/2024 at 4:32 pm in reply to: Who’s responsible for owner’s stairlift on common property #74731
      Young@Heart
      Flatchatter
      Chat-starter

        Thank you, kaindub,

        If Exclusive use is covered by the By-Law, does that mean that Legal Liability is transferred from the OC to the ‘owner’?

        I am conscious that because the OC has permitted installation, it is responsible

        Geoff

        08/09/2023 at 2:38 pm in reply to: Who owns the fixtures and fittings? #70164
        Young@Heart
        Flatchatter
        Chat-starter

          I understand and agree with your reply.

          My query was prompted by the wording of the Insurance PDS which states “…..fixtures and fitting attached ….so as to become legally part of the building…”

          As you say, you doubt that this ‘transfer’ is legislated, but Insurance Cos are usually pretty tight with their wording.

          If it does appear somewhere in NSW Strata Legislation it may have consequences for Strat v Owners responsibilities.

          By the absence of other responses I guess nobody else has sighted the clause.

          Thanks

          Geoff

          30/10/2022 at 4:55 pm in reply to: Can tenant demand compensation for damaged goods after accidental flood? #66023
          Young@Heart
          Flatchatter

            One other aspect you need to be aware of is that most Insurance Policies contain a clause stating that a Claim will not be accepted if the event is claimable under another existing policy. The tenants contents insurance Co., may be ‘testing’ if the landlord’s insurance does not cover ‘consequential damage’ to tenants property.

            You would need to show that your Landlord’s insurance does not cover said damage.

            If you are prepared to ‘compromise’ just ask what the tenant’s excess is for a claim and if reasonable, offer to pay that. In that way the tenant bears no cost.

            Geoff

            02/10/2022 at 12:09 pm in reply to: Who’s responsible for water pipe before it meets my meter? #65609
            Young@Heart
            Flatchatter
            Chat-starter

              Thanks Kaindub, I now accept that the pipe, because it services only my Unit and is within the boundary of the Lot, is my responsibility. I would now like to know if, because it was built as part of the initial construction of the building, any failure of pipe (not caused by a specific action by anyone), can be classed as a ‘Building Defect’?

              If it could be a building defect who is responsible for repairing it and addressing any consequential damage?

              Is there a time limit since construction for a problem to be classed as a building defect?

              Appreciate your and anyone’s thoughts. Geoff

               

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