Flat Chat Forum Common Property Current Page

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  • #49345
    Avatarmaryjane
    Flatchatter
    Chat-starter

    Eight apartments share a common foyer which is accessed by key to front security door. There is a small stairwell and then stairs leading to the first level.  There is no lift.

    One owner has recently taken to leaving her walking frame in the stairwell which is visible to anyone entering the building. She is on the ground level and has a courtyard. She has refused to move the frame – no reason given.

    We do not have a by-law relating to leaving items in a public area.

    I have two concerns – one is a health issue due to leaving items in a public place at a time of Covid 19.

    The second concern is that if even half of the owners decide to leave 1 item in the foyer it will increase the likelihood of accidents due to obstruction.

    Please advise how to handle this issue.

Viewing 9 replies - 1 through 9 (of 9 total)
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  • #49388
    scotlandxscotlandx
    Strataguru

    Section 125 of the Strata Schemes Management Act and Regulation 32 deal with items left on common property.

    The Regulation sets out the requirements that have to be met to dispose of an item left on common property. In this context that would mean putting a disposal notice on the item setting out certain things including the date and time of the issue of the notice and description of the item, and that the item will be removed and disposed of not earlier than 5 days from the date of the notice.

    Para 4 of the Regulation deals with an item that is blocking an entrance or exit:

    If the goods are so placed that they block an entrance or exit, the owners corporation may move the goods to another place on the common property before placing a disposal notice on or near the goods, and for that purpose the owners corporation is taken to be the owner of the goods.

     

     

     

    #49387
    Sir HumphreySir Humphrey
    Strataguru

    Storing items in common property means that they have been dumped and can be removed…

    It is not quite that simple. States generally have an ‘Uncollected Goods Act’ or similar. Depending on the value and nature of the items there are different procedures for legally disposing of unwanted goods left on one’s property. You can’t just chuck out or sell or dispose of however you like anything left on your common property.

    #49382
    Jimmy-TJimmy-T
    Keymaster

    OPERAKAT said:

    Storing items in common property means that they have been dumped and can be removed or as in our building they as are classed as a fire escape hazard and removed!

    I think you might find you need to have a by-law that says you can’t leave stuff on, or obstruct common property. There doesn’t seem to be one here.

    #49380
    AvatarOPERAKAT
    Flatchatter

    Storing items in common property means that they have been dumped and can be removed or as in our building they as are classed as a fire escape hazard and removed!

    #49353
    Avatarmaryjane
    Flatchatter
    Chat-starter

    Thank you for your reply.

    The strata committee have elected not to have a meeting for the next 4 months and therefore it is not possible to create and vote a new by-law until that time.

    With regard to your comment concerning empathy there is a history of this particular owner complaining to and about other residents over various perceived issues.

    I take it from your reply that unless we have a by-law in place then it is a ‘free for all’ with regard to leaving items in the foyer.  A pity we will have to wait to rectify this situation.

    • This reply was modified 1 month, 3 weeks ago by .
    #49358
    Avatarmaryjane
    Flatchatter
    Chat-starter

    Thank you for your comments – appreciated.  We will consider all replies before responding to the resident and may well make an exception for the storage of the frame in the public area whilst there are Covid 19 restrictions in place to facilitate exercise requirements.

    #49357
    Sir HumphreySir Humphrey
    Strataguru

    I agree that residents should not, in general, store personal property on the common property. Able-bodied people can easily move their bicycles or prams and should not leave these in the foyer. On the other hand, there are times when it is appropriate to not apply such rules pedantically.

    An elderly person’s life might be made much easier if a blind eye is turned to leaving their walking frame in the foyer. I would reject ‘thin edge of the wedge’ arguments. If the elderly person is made to try to get in and out of their front door while also bringing in the walking frame, it could make a big difference to their health and general well-being. It could make the difference between whether they get up and move about outside or stay indoors all day.

    If it is a trip hazard in one particular spot, have a quiet word about putting it somewhere slightly different.

    As for “there is a history of this particular owner complaining to and about other residents over various perceived issues”, this is irrelevant. The resident might be thoroughly unpleasant in other, unrelated respects but that should not matter. Treat each issue separately.

    #49356
    scotlandxscotlandx
    Strataguru

    An owner should not store or keep items on common property. It might be a bicycle or a pram, same principle. The common property isn’t an extension of an owner’s property.

    So tell her to stop it. Note it can be a hazard if someone trips on it.

    #49349
    Jimmy-TJimmy-T
    Keymaster

    You don’t even have a by-law about not obstructing common property?  Creating one would be the simplest solution – but then, does this resident need to have her walking frame outside her unit? If so, a little empathy would go a long way.

Viewing 9 replies - 1 through 9 (of 9 total)

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