Not really sure | Another day in paradise | Flat Chat Forum: Your Questions Answered
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I have read how to post, but cant find how to post, only find a button for new topic!
Our apartment is on the ground floor and we have a courtyard. In the courtyard which is fenced are three large planter beds, one to the left, one to the right and one at the back. The planters are over the slab that covers the u/ground car park. And water is leaking into this area. Even if all the planters are not leaking now, in the future it is deemed they will leak. The builder is doing some work but only has to rectify the planters to a standard acceptable for non-habitable space, so it is deemed these repairs will be inferior. He would simply push the soil back, coat something on the wall and then push the soil back in. Our EC has decided that they want to remove planters on the ground level. There are 6 owners at this level who will be affected in a building of about 46. The planters contain mature plants and this was one of the reasons
for our purchase. The planters will be removed, and the contents, which we may retain, the area sealed and tiled by the BC. As I understand it the walls of the planters are common property but the contents of the planters are ours. Are we entitled to any compensation fro plants or funds to buy new planters. I think the value of our unit will be diminished by this action.
I would suggest that your answer will be found in what the strata plan says. You need to find the definition of the stratum of your lot, as these planters could be completely within your lot.
Even still, the decision to not maintain common property or even to alter common property will require a special resolution at a general meeting.
I would suggest trying to establish what may be involved in what you may prefer to occur (scope and cost) and put that to the EC as a solution to the present situation.
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