Sunday, 16th June 2019

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Winlam
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Last seen: 4 years 2 weeks ago
Joined: 26/07/2012

Our strata comprises 19 units, spread over 3 buildings in a beautiful riverside location.
Each lot had external retractable canvas awnings fitted from new.
30 odd years later, many of these have perished and urgently need replacing.
One couple replaced them of their own volition and at their own expense, in a manner to match as close as possible what was there.
Following a complaint from another owner that the new awning was non approved and non conforming, the updating owner submitted an application to the OC Committee (initially) for retrospective approval - and a motion to further formalise this is on the agenda for next week's AGM.
I'm not sure which way this falls, but I don't see how the OC (or individual complainants) can have it both ways ie. they can't say on one hand "hey it's on your lot so you pay for the replacement" but then add "but by the way, it has to look exactly like this."
I suspect as it is external, as it was there from day one and as it does definitely form part of "the look" of the complex, then it is an issue for the OC to maintain.
If this is the case, the AGM motion should be withdrawn? And the owners should instead be submitting a request to the OC for reimbursement of their outlay?
Would very greatly appreciate your thoughts on this.
Regards,
WinLam

mini
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Last seen: 1 year 30 weeks ago
Joined: 13/05/2013

Just because the awning is attached to a common property wall, it does not mean it is common property.

If, as you say, the awnings were existing as at the registration of the strata plan, then the awning would be lot property insofar as it protruded into lot property air space and otherwise would be common property. The strata plan should be carefully examined to ascertain the boundaries of a lot.

Winlam
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Last seen: 4 years 2 weeks ago
Joined: 26/07/2012

Thanks so much Mini for your response - much appreciated.

regards, WinLam

BurlFord
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Joined: 31/03/2016

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