Question: The owners of the penthouse want to retrofit a lift at their own expense. Do we have to agree or can we refuse?
We live on the ground floor of a fifty-year-old, three-storey block on the Gold Coast.
The owners of the penthouse on level 3 want to retrofit a lift at their own expense because they are ageing. We feel this will compromise the integrity of the sea views and our building.
The penthouse owner said we are required by law to allow him to expedite the installation of a lift, giving them access to their unit. They currently access their unit by a staircase. Is this a legal requirement on behalf of all the other lot owners or can we refuse this request?
Answer: The approval for that is dependent upon the value of the works and also factors such as whether it would cause a nuisance.
There are, it seems, a few details missing in this query. Is the penthouse owner wanting to make an improvement to common property, presumably? Assuming yes, then the approval for that is dependent upon the value of the works and also factors such as whether it would cause a nuisance. Remember that ‘nuisance’ can involve a visual nuisance.
Your comment about the proposed lift impacting upon the ‘integrity of sea views and our building’ is worth exploring. How do you know that? Do you have an expert opinion which supports that view? Do you have plans from the penthouse owner which you have been able to have assessed for views? Has a structural engineer provided an opinion about the ‘integrity of the building’ as a result of the proposed lift installation? If the answer to any of these is ‘I don’t know’ or ‘No’, then you will need further information to support your view.
You would also need to take into account the fact they are using the stairs currently. Are the owners, occupants or their invitees mobility impaired? If so, is it reasonable for the request to be denied when you know there are mobility issues?
If the committee is considering this request (which they may, again depending on the value of the works and the other factors noted above) then yes, they are required to consider the request within 6 weeks, with a further 6 weeks possible if they need to seek further, reasonable information. Otherwise, if it has to go to a general meeting of all owners, there is no particular timeframe on the calling of that, other than if the penthouse owners obtain 25% of the signatures of all owners to force an extraordinary general meeting.
By now I think you would have gleaned from the above that this is far from a simple or black and white scenario and a fair bit of additional information – from all sides – is likely to be needed. The committee would be well advised to seek some legal advice prior to them making any decisions in relation to this matter.
This post appears in Strata News #522.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898