- This topic has 8 replies, 4 voices, and was last updated 12 years, 9 months ago by .
-
Topic
-
Our block is going to have new balconies built. Each unit will be built to custom in accordance with each lot owner's request. Some will be larger than others – others will be converting windows to doors. The point is that none of the balconies will be uniform.
I do not want the project built as common property – rather, I want to have it so that each unit owner pays for their own build due to the custom build for each unit.
Also, I want the balcony to be included on the unit title – which won't happen if it is common property. How can I make sure that the OC goes down the path of making each lot owner pay for their own build?
I take it that if the OC goes ahead with each lot owner paying for their own renovation, then the strata plan will have to be revised?Appreciate if anyone can shed some light on the above.
-
Replies
-
Has anyone on your EC really looked into this? So one owner can have a huge entainers deck with french doors onto it and another a small square deck fit for one plant and a couple of chairs? And can the owners pick the materials too?
This would concern me too. From a design point of view, a building with different features, done properly, can look quite good (far better than some of the red brick/blonde brick “boxes” of the 60's). However, if it is just as each owner has requested, could look very hodge podge.
Then there would be the question of common property. There is quite some expense in removing a window and replacing with a doorway. That would be a major structural matter in a multi storey complex I believe. And some are doing this some aren't? And if someone does have the french opening doors onto the balcony, what about the maintenance of this in the future? And the units that don't opt for this now, the next owners may decide they want the bigger balcony/doors set up. Can they ask for this to done for them? Way too messy a senario for me. Keep it simple and similar – less complications later I say.
There is another way of looking at this – if you effectively buy common property (the wall your balcony is attached to and the air space the balcony occupies) you have to pay for the building work AND compensate the owners corporation for the use of common property on a formula based on how much value the balcony will add to your property.
There might be a nifty quid pro quo going on by keeping this as common property … so be careful what you wish for. And I doubt if you'd be splitting the costs evenly – it will be based on your Unit Entitlements, won't it? Or are some units not getting balconies?
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.
I'm sure there are mechanisms – contracts, unanimous resolutions or something similar – whereby owners can all agree to pay in a different way but for blanket payments for work done by the OC, I'm pretty sure it's based on Unit Entitlements.
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.
Hi ElevenSeven
What the owners corporation is trying to do is actually a very involved process and requires specialist legal advice.
In the first instance, you’ll need development approval from the local council.
Secondly, you’ll need to get legal advice on the best way to do what you are trying to achieve (there is more than one approach which might be taken). For example, on one approach you will probably need several special resolutions passed for quite detailed by-laws, a section 65A motion plus an ordinary resolution for a special levy.
Detailing how this might be structured is well beyond the scope of this blog and I strongly suggest you obtain specialist legal advice.
Regards
Chris Kerin, Senior Partner
Don’t miss our next
monthly webinar:
The Best Practice for Strata Insurance and
Claims HandlingI just want to echo what Chris just wrote. There's a limit to how much detailed information we could (or indeed should) give out on this Forum and sooner or later if it's a serious issue, you need to talk to a properly qualified and experience professional.
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.
- You must be logged in to reply to this topic.