Are external sun shades/awnings usually maintained by strata?

Hi

My rental unit in QLD is in a block where the top floor units all have an identical external sun shade/awning. The shades are attached between the roof and balcony railing.

My one needs replacing and the strata manager / executive committee have said that I have to pay for it myself and it has to be uniform with the other units.

Is this normal? I would have thought that this would be paid for by strata.

 

Hi John,

At the pointy end of the stick, even if they were classed as common property, there are provisions in the BCCM Act where if the common property is only used by one lot then it's reasonable for that lot only to pay for r&m etc.

Classic example of this is letterboxes - even though the letterboxes are not demarcated on the CMS as EUA or on title to a lot, because they are only used by one lot, Body Corp's tend to pass costs associated with these onto the lot owner.

Ironically, this is in contrary to the same reasoning applied to unit entry doors, which are obviously only used by the respective lot owners, but the Body Corp pays for the maintenance of the door hardware such as closers, hinges, locks and fire compliance.

From what you've described, I think you'll find they will be a fixture/"lot improvement" to yours and the other top floor apartments respective lots and therefor you would be liable for any costs associated with them. If they were in place by the developer, again because they only benefit one lot, the lot owner would probably be responsible.

For clarity, you could enquire with the BCCM Commissioners office on 1800 060 119 about the situation.

 

Thanks Michael.