July 8, 2020 at 9:59 am #232588BirraleeMember
Our building is 43 years old. A small number of under cover car spaces and garages have a channel drain (sometimes called a “spoon” drain) around their perimeter. The developer clearly expected there would be some seepage due to being below the natural water table level.
The OC cleans all external storm water drains/pits once annually to clear them of silt and debris.
My question is: Is the OC responsible for cleaning the channel drains which are located within the car spaces or garages?
BirraleeJuly 8, 2020 at 11:29 am #232626FlotsamMember
Birralee, we have faced a similar issue. I think to the letter of the law you would need to use the Strata Plan to make some determination about whether the spoon drain formed part of the common property or the lot space and that gives you the information about who is technically responsible. But regardless I would suggest the “ideal” outcome from a practical point of view is:
(1) The OC is responsible for cleaning it.
(2) The lot owners are responsible for making sure access to the spoon drain is available when cleaning is to take place (which may mean moving stored goods in the car space lot away from the wall).
Depending on the size of your building and the difficulty of your owners and residents, a by-law might be required to mandate this. A smaller building might not bother at all with the technicalities and simply have the the OC perform the duties.
I will caveat that I am not a lawyer and Amanda may pop in with a different view. But that is my 2c from our experiences.July 8, 2020 at 9:09 pm #232700Amanda FarmerExpert
++1 to Flotsam above, great guidance there.
I imagine the cover on the drain (some kind of grate?) is in line with, or lower than, the concrete slab of the parking space?
If so, then absent any notation to the contrary on the strata plan, the drain is common property and should be repaired and maintained by the Owners Corporation. Indeed, lot owners should facilitate access for the purpose and a by-law is a good idea if you’re having trouble getting owners to realise that.
Amanda.July 9, 2020 at 9:44 am #232753BirraleeMember
Many thanks Amanda & Flotsam for your guidance.
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