Flat Chat Strata Forum Common Property Current Page

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  • #54407
    Ziggy
    Flatchatter

      Our apartment block is having the floors in our garage cleaned. The only trouble is they’re not cleaning the floors of each individual car space, which have years of filth in them. They are cleaning just the driveways.

      When queried, I was told it may be a liability problem ie the water may damage property in the garages themselves.

      Any thoughts about how to get around this?

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    • #54411
      Jimmy-T
      Keymaster

        Do you mean that some people are using their garages for storage.  If so, is that strictly allowed? My block only allows approved storage boxes and “roadworthy vehicles”.

        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.
        #54414
        Ziggy
        Flatchatter
        Chat-starter

          Yes Jimmy, people are using their garages for storage. But who knows if it’s been approved.

          I thought all floors were common property and therefore should be cleaned for owners not by owners. My garage is black with dirt caused by cars, rain water and burst sewage pipes.

          #54430
          Jimmy-T
          Keymaster

            Yes Jimmy, people are using their garages for storage. But who knows if it’s been approved.

            Have a look at your by-laws and see if there’s anything there.

            I thought all floors were common property and therefore should be cleaned for owners not by owners.

            It depends on the strata scheme.  My block has all the spaces attached to lots but the driveways and turning areas are common property.  However, I know of some schemes where all the parking spaces are common property, with their use allocated to specific units. Check the plan that came with your Title contract when you bought.

            Either way, the owners corp should be able to arrange floor cleans for those who want it (possibly at a reasonable fee) and warn people who have stuff stored that they need to protect it while cleaning is going on.

            When you think about it, there’s little point in cleaning the driveways if parked cars are just going to trail filth all over them again.

            It’s a question of logisitics and fair warnings, it’s not rocket surgery.

            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.
            #54443
            Boronia
            Flatchatter

              Why shouldn’t owners be responsible for cleaning their car space floors if they are part of the lot, the same as they are expected to clean common property walls and floors within the unit itself?

              #54445
              Jimmy-T
              Keymaster

                Why shouldn’t owners be responsible for cleaning their car space floors if they are part of the lot?

                It’s not so much a matter of why as how.  The owners corp can hire special cleaning equipment and it makes sense to charge owners a small amount to get the scrubbers over their car spots.

                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.
                #54449
                nugalbags
                Flatchatter

                  Hi, If they are individual caged off garages, then they form part of the Lot and the Floor Cleaning would be the Lot Owners Responsibility. eg: Its not the OC’s responsibility to clean your kitchen floor. That’s not to say that the OC couldn’t arrange the cleaning of the garage floors. At my Strata we often do things above and beyond the bare minimum, just to do the job right. Having said that, you have to be realistic. Can you honestly imagine the difficulty in getting every Lot to move their car on the required date, let alone move all the stored contents? Never going to happen. The read I get from your post is that you want your garage floor cleaned. My advice, find out when the work is being done. Be at home that day. Have a chat to the pressure cleaners and offer them a carton beer to do your garage while their there. Job done.

                  #54459
                  Jimmy-T
                  Keymaster

                    Hi, If they are individual caged off garages, then they form part of the Lot and the Floor Cleaning would be the Lot Owners Responsibility.

                    Not necessarily.  Some common property car spaces have cages, some lot property car spaces don’t.  Some cages exist where they aren’t supposed to, but no one has asked for them to be removed. Some people store stuff in open parking spots.  There is no hard and fast rule.

                    Can you honestly imagine the difficulty in getting every Lot to move their car on the required date, let alone move all the stored contents? Never going to happen.

                    My strata building manager tells owners when the carpark common area is being cleaned and invites owners to arrange for a free clean of their LOT spaces, including temporary use of vistor parking while it’s being done.

                    The problem here seems to be concern over damage to goods in spaces adjacent to spaces that are being cleaned.  In many modern buildings, parking spaces are designated for the parking of cars only, either in the DA or strata plan.  In those cases, give residents fair warning but let them know if there is damage, it’s down to them for having stuff stored where it shouldn’t be in the first place.

                    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.
                    #54462
                    Boronia
                    Flatchatter

                      With reference to material stored in car spaces or storage cages, I would point out that these areas can be subject to flooding for any number of reasons other than floor cleaning, and it would be prudent to store sensitive material on pallets or other elevated structures, not directly on the floor.

                      #54460
                      Ziggy
                      Flatchatter
                      Chat-starter

                        Thanks everyone, like all strata land, nothing black or white, just shades of grey.

                        As stated, I thought all floors (not the coverings eg the kitchen) were common property.
                        My car park has always been the first one where any rain, sewage, and overflow enters the lower floor. It is extremely filthy and unhealthy as it pools into the corners and is full of black dust.
                        Therefore, when I leave my spot, it carries all the dirt into the garage area that will be cleaned.
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