Question: We’ve found out the marble tile installed in our apartment was unapproved by the owners corporation and they are asking us to pull it up. Isn’t the tile part of the common property? Shouldn’t the OC replace the flooring at their cost?
We bought an apartment with marble tile flooring glued to magnesite on top of the concrete slab.
We later find out that this marble tile installation many years ago was unapproved by the owners corporation.
In the event that the OC want this hard floor taken up under section 106 of SSMA 2015:
-
- Does the unapproved marble tile constitute being part of common property?
- Does the OC have an obligation to replace the flooring at their cost?
Answer: You might want to review the strata plan.
The flooring is common property if it is affixed to common property floors. You might want to review the strata plan.
The general position on the Owners Corporation’s duty is contained in section 106(1) of the Strata Schemes Management Act 2015 (“the Act”) : An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation. This is s a duty to ensure the common property is maintained.
The Owners Corporation can resolve this is not appropriate and in its decision not to maintain, review or repair will not affect the safety of the building in accordance with section 106(3) of the Act.
-
- This section does not apply to a particular item of property if the owners corporation determines by special resolution that–
-
-
- it is inappropriate to maintain, renew, replace or repair the property, and
-
-
- its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
The decision will need to be supported and meet the conditions above.
Pierrette Khoury Khoury Lawyers E: pierrette@khourylawyers.com.au P: 0415 459 486