Posted: 2 April 2020.   Updated: 28 July 2021

Q.    Can I hang or attach items to the pergola over my Apartment balcony?

YES; however the Owners Corporation requires that the items be safely attached such that any part or the whole does not come loose in a storm.

Q.    Can I cover the pergola over my Apartment balcony?

YES - the requirements are detailed in By-law 20.

Background

Pergolas form part of the common property of the Owners Corporation.

Sunrise Apartments presently has a mix of timber pergolas (A Block) and powder-coated aluminium pergolas (Blocks B, C & D).  The latter were installed as part of the Remedial Works Program in 2019/20.

It is anticipated that the Block A timber pergolas will be replaced to match the other Blocks in the future.

Coverings of various types have been installed on the pergolas over the years - some with approval but many without.

Responsibilities

The pergolas, being part of common property, are the responsibility of the Owners Corporation to maintain.  Accordingly, modifications to any pergola, including hanging or attaching items, requires Owners Corporation approval. (By-law 20)

Failure to obtain Owners Corporation approval may result in the following:

• an order to remove items or reinstate the pergola to its original condition at an Owner's cost;
• an Owner becoming liable for any third party damage or personal injury arising from their actions.

Pergola Covering or Screening

Timber Pergolas

Timber pergolas that form part of common property (A Block) will be replaced by powder-coated aluminium pergolas in the future.  Existing coverings/screening will be removed as part of the works and will NOT be reinstated by the Owners Corporation.  A new approval will be required under By-law 20.

Powder-coated Aluminium Pergolas

The requirements relating to covering or adding screening to the new pergola structures are detailed in By-law 20.

By-law 20

By-law 20 details specific requirements; however, it is appropriate to note that the following:

• the By-law seeks to limit any liability the Owners Corporation may face from a defective or improperly maintained structure;
• water runoff must be properly directed to a suitable outlet.

Owners Corporation Standard

The Owners Corporation has not set a standard - each approval will be considered on its merits.

Considerations in the design of a covering are:

• any covering will need to have adequate slope to direct water away from the building structure - the existing pergola slope is inadequate and top hats may need to be installed underneath the covering towards the building end of any covering;
• water run-off from the pergola covering must be directed to a gutter of similar profile (not size) and colour to that installed on the main building;
• water from an installed gutter must be directed into building stormwater downpipes (or directly onto a section of the Apartment balcony close to an balcony drainage outlet).  Such changes shall not impact on the integrity of installed systems;
• no water from the covering shall be allowed to fall onto lower level common property or other lower level Apartment balconies - major storm events excepted;
• the covering shall preferably be flat-panel smoke grey/blue in colour - in keeping with the pergola colour;
• any downpipes shall match the colour of the underlying surface to which it is attached; and
• under-paver balcony water-proofing shall not be penetrated or integrity be affected by any of the works.

Remedial Works Program

The Owners Corporation is keen to maintain the integrity of all works undertaken as part of the 2019/20 Remedial Works Program.  The stringent requirements are designed to ensure that other Owners are not impacted either directly or indirectly by a pergola covering or screening request.  Accordingly, each Owner considering a pergola covering or screening need to understand their obligations and the likely costs that could flow from such a request.