Question: When we recently bought an existing property we noticed the pergola was neglected. We’ve now been advised it is our responsibility to maintain. As pergola has been there for 30 years, wouldn’t the maintenance be body corporate responsibility?
We recently bought in a 30 year old gated community. I noticed the pergola needed painting and way was badly neglected. I’ve been advised that the original owner built the pergola over 30 years ago and, as it was installed by the lot owner, the maintenance was the owner’s responsibility.
I had no knowledge of the pergola being added on or that it was my responsibility.
If the pergola has been part of the property for so long and is deemed to be part of the property for insurance purposes, wouldn’t the maintenance be body corporate responsibility?
Can I arrange for the pergola and add ons to be included in the painting and other maintenance program of the body corporate?
Answer: You can’t afford to make assumptions in a body corporate, you need clarity.
The length of time something has been in place is not grounds for who takes responsibility for it. It all comes down to whether it is common property or your responsibility as a lot owner.
To determine that, you will need to know the plan of subdivision and Regulation Module applicable. You will have this information as part of your purchase documentation. It should be part of your Community Management Statement and if you don’t have that, you can obtain it from either the committee, via your body corporate manager, or from the Titles Office.
You can also do a search of body corporate records to see if there is anything in the minutes relating to the pergola.
While I am not sure what you mean by ‘add-ons’, I assume you may want to make improvements to the pergola. All of the above will determine how you can make the improvement. If it is common property, the committee might be able to approve it. If it is part of your lot, you may be able to make the improvements subject to any applicable by-laws.
Your query suggests there are quite a few things relating to your purchase that you are not entirely clear on and in which you have made an assumption, or have relied upon someone else’s interpretation. To be blunt, you can’t afford to make assumptions in a body corporate, you need clarity. By obtaining the above information (and the current information at that, you don’t want to rely upon outdated details), you will be in a position to move forward.
This post appears in Strata News #589.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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