Flat Chat Forum Common Property Current Page

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  • #50150
    Avatartibx17
    Flatchatter
    Chat-starter

    An owner has requested the OC pay for repair of paved courtyard as pavers along the boundary edge are sinking. Overall the paving is in good condition.

    The garden’s  cement foundation was  not completed to the edge of the boundary,  it is along this edge the pavers have dropped into 30cm sinkhole. She has quote for void to be filled with polyurethane, and paving to be redone ($6000+). No cause has been determined. The villas built around 1985 and this issue looks like it’s got worse over 10+ years and now have some pavers falling into 30cm deep hole

    The Strata Plan specifies ‘strata of the garden area extend 2 below and 5 above the upper surface of  the ground floor’.

    I assumed this would mean responsibility would be the lot owner? The strata manager believes it can be claimed on OC insurance. Are garden foundations lot or Strata responsibility?

     

    thanks

     

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  • #50159
    Jimmy-TJimmy-T
    Keymaster

    The 2 (metres) below and 5 above refer to common property. This is almost definitely an owners corp responsibilty.

    I’m going to partially correct myself here – what I said before would only apply if the courtyard was common property.  If it were lot property, then the 2 and 5 figures refer to lot responsibility.

    #50157
    AvatarJust Asking
    Flatchatter

    We have experienced a similar problem at our complex as it is common for pavers to move over a long time period when laid on soil rather than concrete. In our case the courtyard areas form part of the adjacent lots. Does the strata plan have something which looks like an “S” drawn on the line between the main area of the lot and the adjacent garden area? This would indicate the garden area, as described, forms part of the adjacent private lot.

    The next question we encountered was whether the pavers were in place at the time of registration of the strata plan, or a later installation by an owner? In our case the pavers have been laid over the top of the original grass, by the current (not original) lot owner.

    We have not yet adopted the Common Property Memorandum, which lists pavers as a lot owner’s responsibility. We have not yet done so because the strata plan takes precedence and we want to have a solicitor check for inconsistencies between the strata plan and the Common Property Memorandum.

     

    #50154
    Jimmy-TJimmy-T
    Keymaster

    The Strata Plan specifies ‘strata of the garden area extend 2 below and 5 above the upper surface of the ground floor’. I assumed this would mean responsibility would be the lot owner?

    The 2 (metres) below and 5 above refer to common property.  This is almost definitely an owners corp responsibilty.  Wish the strata manager luck getting an insurance claim through.

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Flat Chat Forum Common Property Current Page