An owner rejected a repair to their courtyard bin enclosure and demanded a new aluminium one. Is the enclosure the owner’s responsibility, and can the strata committee refuse the upgrade?
Our scheme has 35 two-storey townhouses in a gated community. Each house has its own small white wooden bin enclosure in its gated front courtyard, for that owner’s exclusive use.
An owner recently asked for a brand new bin enclosure because the existing one had wet and dry rot. A handyman restored it for $600, but the owner rejected the repair and demanded a new aluminium enclosure, which cost the owners corporation an extra $2,000.
Are these enclosures the owner’s responsibility? If not, can the strata committee tell owners to pay for aluminium enclosures themselves if they won’t accept a repair to the original?
Responsibility depends on the exclusive use by-law and the strata plan, but the owners corporation isn’t obliged to upgrade a repairable timber enclosure to aluminium.
If the white wooden bin enclosure is common property subject to an exclusive use by-law, responsibility will depend on the terms of that by-law.
If the owners corporation is responsible for maintenance, it must carry out reasonable and necessary repairs. However, it is not required to replace an item that can be repaired, nor is it obliged to upgrade a timber enclosure to aluminium simply because the owner prefers it.
If the owner is responsible for maintenance and repair under the exclusive use terms, they must bear those costs. Likewise, if the enclosure forms part of the lot, responsibility will fall on the lot owner subject to any notations on the strata plan.
If the owner wishes to install an aluminium bin enclosure, approval is required, usually by way of a by-law. The owner would ordinarily bear the cost of the works and ongoing maintenance. Whether the proposal alters the external appearance of the lot may be a relevant consideration for the owners corporation.
As the answer depends on the strata plan and any applicable by-law, legal advice should be obtained regarding the specific circumstances.
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Highly skilled in the area of building defects, Helen has almost 30 years’ experience in commercial dispute resolution, with her primary focus on building and construction and strata law.
Working with strata managers, owners corporations, builders and developers, Helen has assisted clients with complex construction disputes for most of her career.
Helen has a down to earth and straight forward attitude, with a focus on developing and maintaining strong client and industry relationships and working as a team in resolving disputes.
As commercial litigation and construction disputes are complex, her goal is to assist clients break down the chaos of the problem and focus on clearly defined strategies, next steps and solutions to achieve the best outcome in the circumstances.
View Helen’s full profile here and LinkedIn.
Helen is a regular contributor to LookUpStrata.
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