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Repairing Common Property

Repairing Common Property: What Happens If the Owners Corporation Fails to Act?

In strata living, common property maintenance is essential. The Owners Corporation has a strict legal duty to repair and maintain common property. This responsibility is outlined in the Strata Schemes Management Act 2015 (NSW). Common property includes shared areas like stairwells, roofs, gardens, and lifts. But what happens if the Owners Corporation does not fulfil this duty? Let’s explore the consequences and solutions.

What is Common Property and Who is Responsible for It?

Common property refers to areas shared by all lot owners in a strata scheme. These spaces include things like external walls, foyers, and driveways. The Owners Corporation is responsible for keeping these areas in good condition. This obligation is not optional. It is a legal requirement under Section 106 of the Strata Schemes Management Act 2015 (NSW).

What Happens If Repairs Are Not Done?

If the Owners Corporation fails to repair or maintain common property, several problems can arise. These include:

  1. Legal Action by Lot Owners
    Lot owners can take legal action against the Owners Corporation. They can apply to the NSW Civil and Administrative Tribunal (NCAT) to enforce repairs.

  2. Compensation Claims
    If a lot owner suffers damage due to neglected repairs, they can seek compensation. For example, a leaking roof could damage a lot owner’s belongings. In this case, the Owners Corporation may be held liable.

  3. Higher Repair Costs
    Delayed repairs often lead to bigger problems. For instance, a small crack in a wall could grow into a major structural issue. This increases repair costs over time.

  4. Health and Safety Risks
    Neglected common property can create safety hazards. Broken stairs or faulty lifts could lead to injuries, exposing the Owners Corporation to legal risks.

What Can Lot Owners Do If Repairs Are Delayed?

If the Owners Corporation does not act, lot owners have options:

  1. Raise the Issue at a Meeting
    Lot owners can bring up the issue during a strata committee meeting or the annual general meeting (AGM). Proposing a motion for repairs is a good first step.

  2. Request Mediation
    Mediation through Fair Trading NSW can help resolve disputes. This is often quicker and cheaper than legal action.

  3. Apply to NCAT
    If mediation fails, lot owners can apply to NCAT. The tribunal can issue orders to force the Owners Corporation to carry out repairs.

How Can Owners Corporations Avoid These Issues?

To avoid breaches, Owners Corporations should:

  • Conduct Regular Inspections
    Regular checks help identify problems early. This prevents small issues from becoming costly repairs.

  • Plan a Maintenance Budget
    Setting aside funds for routine maintenance and unexpected repairs ensures the Owners Corporation can act quickly.

  • Engage Professional Strata Managers
    A professional strata manager, like Elevated Strata Communities, can handle maintenance efficiently. They ensure compliance with legal obligations and maintain property value.

Key Takeaways

  • The Owners Corporation must repair and maintain common property under the Strata Schemes Management Act 2015 (NSW).
  • Failure to act can lead to legal action, compensation claims, and higher costs.
  • Lot owners can raise issues through meetings, mediation, or NCAT applications.
  • Regular maintenance and professional management prevent problems and ensure a safe living environment.

 

If you’re dealing with common property issues or need expert strata management, Elevated Strata Communities is here to help. Contact us today for a tailored solution.