Flat Chat Forum Another day in paradise Current Page

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  • #50388
    AvatarPaul H
    Flatchatter
    Chat-starter

    Our EC is (finally) replacing the guttering on the roof of the block as well as the decking on our balcony and our windows. We are on the eighth floor and to access the guttering they installed scaffolding along the length of our balcony with a hessian sheet behind it to catch anything dropped. All our rooms face the balcony so we spent 3 months living in semi darkness and unable to use the balcony.

    The balcony is 13m long with an area of about 17 square metres.

    We were given two days’ notice of the scaffolding install and told we had to remove everything on the balcony. This is a barbeque, table and chairs and 6 large pot plants and about 10 smaller ones. We were allowed to store this in the garage space but it is not secure and is not a good environment for plants.

    The landlord was very helpful and offered to reduce the rent but seemed to have no idea what was going on. We refused the offer as we thought the works would be something we had some control over. But the building manager could not give us any idea how long we could expect the scaffolding to remain in place, although he says he is project managing these repairs.

    Now that the scaffolding has gone, the builders treat our balcony like a building site while they prepare the ninth-floor balconies for painting. They occasionally wander up and down outside our bedroom window, move our balcony furniture around, and leave paint chips behind. I have asked the building manage/project manager that they give us 24 hours’ notice that they need to access our balcony and that they leave things as they find them, but he will not do so.

    He says that the window and decking replacement will commence around mid-July but will be no more specific. He tells me that we will again have to move everything off the balcony but I have no reason to expect anything more than the two days’ notice he gave last time. We will again be unable to use the balcony for a period of time.

    I have not given them permission to access the balcony which I thought was part of the premises we rent. But, as these repairs are being carried out by the EC, they seem to be treating it as common property.

    Is there any way I can control when the builders will be wandering outside my bedroom window and can I have any say in when and how the rest of the work will be done?

    • This topic was modified 2 months ago by .
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  • #50580
    Avatarrchin77
    Flatchatter

    They have to go through your agent/landlord and the latter has to give you the requisite notice if it is not an emergency. This is straightforward and you don’t have to let them in if proper notice is not served. They would be wise to get your consent as you have the right to privacy.

    #50410
    AvatarPaul H
    Flatchatter
    Chat-starter

    Your mention of S122 of the Act sent me to further investigations

    S122(4) says (inter alia):

    (4) In a case that is not an emergency, the owners corporation may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel

    The OC has not asked for my consent, so I have told the Building Manager that until the OC asks for and receives my INFORMED consent (my emphasis) they can go whistle, and that anyone using our balcony except in an emergency is trespassing.

    Many thanks

    • This reply was modified 1 month, 3 weeks ago by .
    #50398
    AvatarPaul H
    Flatchatter
    Chat-starter

    Thank you

     

    We did not take up the offer of reduction of rent as we are already paying under market. We are long term tenants and have a good relationship with our landlord and he wants to keep us.

     

    However, I will start rattling cages…

    #50395
    scotlandxscotlandx
    Strataguru

    From what you have said I take it you are a tenant.

    Of course you have the right to control what goes on on property that you are paying money for, perhaps most importantly you have the right to peaceful enjoyment of the property. That includes not having contractors appearing outside your bedroom window over a prolonged period.

    Whether or not the balcony structure is common property, you are paying money for the use of it. As you said, it is part of the premises you rent. The issue is with your landlord who should then take it up with the OC.

    As you are not an owner I suggest you serve notice on the landlord that you do not accept the situation and you refuse to allow access to any contractors without appropriate notice, and that access will only be given where it is reasonably required (in other words, they can’t just use your balcony because it is the easy option). You can give a copy to the OC at the same time.

    Note that under the Strata Schemes Management Act the OC can require that an owner give access to a property, refer section 122. But that doesn’t mean they can do whatever they like.

    I also suggest that you tell your landlord that you would like a retrospective reduction in rent, I am not sure why you didn’t take them up on the offer.

     

     

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Flat Chat Forum Another day in paradise Current Page