I am an owner of a Strata Unit of over 20 years. The outside lower deck is badly rotting. The current Manager states that because the deck is not on the plan, it’s not Body Corporate responsibility. What can I do as I have significant disabilities and the badly rotting deck is fast becoming a liability issue? – David, NSW

Q: I am an owner of a Strata Unit of over 20 years. The outside lower deck is badly rotting. The current Manager states that because the deck is not on the plan, it’s not Body Corporate responsibility. The deck is attached to the building and is a second emergency exit. The drop from the door to the ground without the deck is quite significant. Up to 3 or 4 feet. My argument is a building isn’t going to be built with a door leading outside and no safe landing down into the yard. Also, anything external is Body Corporate responsibility? The Manager insists it is every owner’s responsibility to replace their deck. Body Corporate has previously maintained these decks prior to new management.

What can I do as I have significant disabilities and the badly rotting deck is fast becoming a liability issue?

Some decks, if they weren’t there, the drop from the door could be up to 6 feet. All decks are uniform in compliance to design, which also makes me think its Body Corporate responsibility.

 

A: It would be best to check your strata plan. This is because the strata plan will outline what areas of your strata property are considered common property (which means it will be up to the owners corporation to maintain and repair) and which areas are lot owner property (meaning it will be the responsibility of the owner to maintain). It is the boundaries of the lot that you want to pay attention to.

You might also want to check your by-laws to see if there is any mention of the maintenance of decks.

If the deck area is found out to be common property, and your strata management company and strata committee refuse to repair it, you can bring it up in the next meeting as a motion item.

If all else fails and the necessary repairs are still not undertaken, you may choose to take the case to NSW Civil and Administrative Tribunal (NCAT) for further resolution and mediation.