Question: Water ingress due to patio gardens has been found in a few lots. If one owner is unable to contribute to the cost of the repair, can they pay the amount off with increased levies?
Water ingress was found to be caused by a unit’s patio garden. Strata paid for the garden bed to be removed but the unit owner paid for retiling of the patio.
Water ingress due to the patio garden has been discovered in another unit close by. We assume the garden here needs to be removed as well, but this owner cannot afford to pay for tiling.
Strata could pay for the retiling, however, is this fair to the adjoining unit who paid for their own retiling?
How can we make this equitable? Can the unit owner arrange to pay the cost of tiling through an increase in her levy fees for a year?
Answer: levies cannot be ialtered and must be struck in accordance with individual owners’ unit entitlements.
Generally speaking, levies cannot be increased/altered and must be struck in accordance with individual owners’ unit entitlements.
We would recommend determining whether the source of the water ingress is properly attributable to a lot or common property defect/failure.
It may be that the issue is the responsibility of the Owners Corporation in which case the previous owner could be refunded and the current tiling could also be paid for by the Owners Corporation. In most cases, subject to the by-laws applicable to your scheme and any notations on the strata plan, tiling (being a floor) is usually common property.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440