Who should pay?

[Mazoka]

Does anyone know the correct answer to this situation.

A residential complex has 5 floors. The lift only goes to the 4th floor, the reason being is that the 5th floor was added at a later date. A request by a resident living on the 5th floor to have the lift shaft extended to their floor has been presented to the AGM. Apparently the request has been granted in a round about way, it has been suggested that if the lift shaft is to be extended to the 5th floor the 8 apartments situated on that floor should pay for the work involved.

I always thought that any building work/repairs carried out in the common areas of a complex would be paid for out of the community funds should the funds be available. Other than that an extra payment over and above the normal community quarterly charge is applied to all residents.

[Nova]

Is the maintenance of the green areas only paid by the apartments that overlook them? Is the maintenance of the pool only paid by those who swim?  If a wheelchair ramp is installed st the entrance door will it fall only to wheelchair-using residents to pay for it?   If only the fifth floor residents pay for the lift, will lift access to the fifth floor be by keycode only to prevent other residents from using it?

I have no idea about the legal situation , those are just my thoughts....

[Mazoka]

My sentiments exactly!

I have just been informed that after a very heated debate at the AGM, five the owners living on the 5th floor have agreed to accept a shared cost for extending the lift from the 4th floor to the 5th floor. I was informed that my proxy vote which was presented at the meeting was taken as a yes for accepting part of the overall cost for the work. I find that decision unbelievable to say the least.

Maybe when someone in the future who happens to live on the 1st floor of the complex makes a request for the external wall of their apartment...which is situated in a common area...be painted, I could suggest that they have a whip round from the other 1st floor owners, or pay for it themselves.

Where would it end!

[Perikles]

Maybe when someone in the future who happens to live on the 1st floor of the complex makes a request for the external wall of their apartment...which is situated in a common area...be painted, I could suggest that they have a whip round from the other 1st floor owners, or pay for it themselves.

The external walls of an apartment are in fact the responsibility of the community. The community must paint them at the cost of the community, and the owner of the inside space has no say in the matter (in theory).

[Mazoka]

My apologies. I was being flippant when I said that the owners of the 1st floor properties should pay for any painting that needs to be carried out to the external walls their property which happens to come under the community responsibility. The lift company have offered a 3 year no interest loan to the 8 owners on the 5th floor for carrying out the extention of the lift shaft up to the the 5th floor.

The behaviour of the majority of the other community members towards the 5th floor property owners dismantles the definition of... community.

[Perikles]

The behaviour of the majority of the other community members towards the 5th floor property owners dismantles the definition of... community.

People are incredibly selfish. A community only works as a community if they have something quite specific in common, usually involving religious beliefs or organic vegetables, when there is some careful selection of members. Even under these conditions it often fails. Random people of different social backgrounds who just happen to buy on the same complex can never be a community. There is insufficient civilization to go round for that. 

[Mazoka]

"Organic vegetables"...brilliant!

[Perikles]

"Organic vegetables"...brilliant!

Only if you like spending 10 hours per day weeding in summer, and don't mind carrots with maggots. Been there, done that. Couldn't afford the teeshirt 

[Mazoka]

Maybe I could suggest to other community members that we turn the pool area into a massive allotment, grow organic vegetables together with a view to  becoming one big happy family.

One problem though, I would not be happy having to walk back up to the 5th floor after a hard day working on the alloment for the greater good of the community...maybe they will then relent and accept the cost for extending the lift to the 5th floor.

Hmm, now where did I put that spade! 

[Perikles]

A residential complex has 5 floors. The lift only goes to the 4th floor, the reason being is that the 5th floor was added at a later date.

Back to the original question, by the way, that situation stinks of illegality. If the community had already been formed before the construction of the 5th floor, the statutes would have had to be changed to reflect the altered proportioning of community contributions. More likely, the community would have had to have been dissolved and another one formed. More likely is that they just did it without any authorization, leaving an insoluble community problem.

An instance when a lawyer is needed, and I bet he or she won't have a clue.