Q: I have been asked to remove artwork from an inside brick wall of my balcony under law 5 Damage to common property cannot be marked or screwed into. The balcony has a brick wall on both sides with a small brick wall from the floor to a balustrade to about waist high they are saying its common property, is this correct? Thanks
I have been asked to remove artwork from an inside brick wall of my balcony. They are saying it’s common property, is this correct? – Graeme, QLD
A: It would be best to check your body corporate plan. This document shows the boundaries of where your lot starts and ends and where common property starts and ends. If the artwork is fixed onto common property via screws, it will need to be removed. You may also check your body corporate by-laws for more details.
If you are keen on having the painting hung up, you may request an exclusive use by-law from your body corporate committee which will allow you to use the common area as if it were part of your lot. Although it’s worth noting that any damage to the exclusive use area becomes your responsibility to maintain/repair.