The owners corporation would not repair my unsafe patio. With their approval, I replaced the structure myself. Can the patio revert to my title?
I have a raised patio outside my apartment. The structure was unsafe, however, the owners corporation refused to repair the patio.
Sick of waiting for them to take action, I built a deck at my cost with their approval. I'm happy with the outcome but can't help but feel the outcome is also at their benefit. They did not have to pay for repairs and they are no longer required to maintain the patio.
Can the patio revert to my title? It's solely for my use, it only leads to my apartment and can't really be used in any other way.
You can seek a licence or lease from the Owners Corporation.
We agree that getting an Owners Corporation to comply with their statutory obligation to repair and maintain common property can be difficult.
If there is an area that you exclusively occupy, you can always seek a licence or lease from the Owners Corporation. This must be approved by way of a special resolution of the Owners Corporation and should be documented properly to give you rights for the area. Any document should be properly prepared by a lawyer and a lease can be as good as title if you have a long term (such as 99 years).
Alternatively, you can seek to acquire the relevant land by amending the plan of subdivision but this requires a unanimous approval and is a much harder and costly exercise.
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Phillip Leaman specialises in Owners Corporations law, adverse possession and compulsory acquisition and is the Principal for the Owners Corporation team at Tisher Liner FC Law. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory. Phillip Leaman has been recognised on the Best Lawyers List between 2019 to 2022 in the category of Real Property Law. For information useful to Owners Corporations see our website at: https://tlfc.com.au/expertise/owners-corporation/
Phillip is a regular contributor to LookUpStrata.
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