Are we able to request that no one utilises the stairs which are on our property lot as strata have confirmed it is our liability if anyone is injured? – Kristen, NSW

Q: We own a commercial lot in a block at the bottom of a residential unit building. We have an outside courtyard that is our property, not common property. We are required to allow a 1.5mtr thoroughfare for residents of the building to walk through to access the front door to the residential building.

We have stairs on our courtyard which are a liability if someone was to fall, we’d like to enclose our courtyard (like all of the residential units are already), obviously allowing the required access as per the by-laws. Until this has been decided by the owners corporation, are we able to request that no one utilises the stairs which are on our property lot as strata have confirmed it is our liability if anyone is injured?

 

A: It may be best to bring this matter up with your strata committee’s secretary and have it raised as a motion during your next general meeting. That way, the matter can be discussed and if agreed upon by your chairperson, the information can be shared with other lot owners.

Alternatively, you may wish to speak to your strata manager about the issue to find an interim solution while proper methods such as by-laws are put in place.