Question: The Body Corporate wants to lay a waterproof membrane on a lot owner’s balcony. The owner has several large pots. Who pays for moving the pot plants during the maintenance work?
The Body Corporate wants to lay a waterproof membrane on an owner’s balcony to protect the garages beneath the balcony. There has never been a waterproof membrane applied before.
The owner has several structures and also large pot plants on the balcony.
Who pays for moving the pot plants etc on and off the balcony during the maintenance work? They are too heavy to carry and would require specialised equipment.
Answer: There is no obligation on the body corporate to install a membrane if there was not one installed previously.
There is no obligation on the body corporate to install a membrane if there was not one installed previously (unless the installation is required as part of a separate maintenance obligation, for example, to ensure the garage walls are kept structurally sound).
In either case:
- If there is no obligation to install the membrane – this would amount to an improvement (presumably to common property) that impacts on an owner’s lot, and would require the owner’s consent. The owner is not obliged to provide their consent and would unlikely do so if the body corporate were putting a particular cost to that owner. Accordingly, the cost of moving the items should fall on the body corporate.
- If there is an obligation to install the membrane as part of another maintenance obligation – the moving of the items would be part of performing that existing maintenance obligation and also fall to the body corporate.
This post appears in the February 2021 edition of The QLD Strata Magazine.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753