Friday, September 25, 2020

Responsibility for Common Property Repairs

Responsibility for Common Property Repairs

The owners corporation is responsible for maintenance, repair and overall management of the common property.

The owners corporation must repair common property, and owners must repair anything within their lot. However, it is not always clear what is common property and what is the individual lot.

Generally, everything inside the airspace of the unit, including all internal walls, fixtures, carpet and paint on the walls is usually the lot and therefore the responsibility of the lot owner.

Everything outside that airspace including boundary walls, windows, front and rear doors, and tiles fixed to the floor is usually common property and therefore the responsibility of the owners corporation.

The owners corporation may also be responsible for repairing damage to a lot caused by a problem in the common property. For example, water damage from a leaking roof or a pipe that services more than one lot.

Owners corporations may also choose to adopt the Common Property Memorandum available from the Fair Trading website to assist with clarifying responsibilities for repairs. For example, the Memorandum sets out that all internal lights are the responsibility of the lot owner.

The owners corporation can decide to vary responsibility for the repair and maintenance of the common property by either adopting a Common Property Memorandum or through a common property rights by-laws. An example may be if a lot owner wants exclusive use of part of the common property such as a parking space, or to store goods. The lot owner would then be responsible for repairs and maintenance of that space, rather than the owners corporation.

Check out this guide by Strata Community Association – Who’s Responsible? A guide to common property

Strataville Editorial
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