ACT: Is a kitchen bench a strata fixture in a Class A building?

This article discusses class A strata kitchen bench responsibility and confirms repairs are usually the owner’s responsibility.

Question: Is a kitchen bench in a Class A building a fixture, and therefore should its maintenance be an Owners Corporation responsibility?

I am the Treasurer of a Class A strata complex. A split developed some time ago in the kitchen bench of an apartment. The kitchen bench was installed by the builder during initial construction of the complex. The owner claims that the repair is an Owners Corporation responsibility. Is a kitchen bench a fixture, and therefore should its maintenance be an Owners Corporation responsibility?

Answer: A kitchen bench is not the Owners Corporations responsibility.

No, a kitchen bench is not the Owners Corporations responsibility, as it is internal to the Unit.

While the Owners Corporation is responsible to insure the structure of the building, including fixtures and fittings, a defect or maintenance issue with kitchen cabinetry would not be considered to be an insurance claim, (insurable event) and therefore the responsibility for the repair would the individual Owner of the Unit.

The Boundary of an A class unit is the midway point of the floor, ceiling and walls. A Unit Owner is responsible for the maintenance and repair of all internal aspects of their unit.

Depending on when the complex was built, there might still be the chance that the issue would be covered under the warranty period. I would be recommending that the Owner contact the developer/builder of the complex.

This post appears in Strata News #604.

Steve Wiebe
Bridge Strata
E: steve@bridgestrata.com.au
P: 02 6109 7700