This article discusses courtyard maintenance responsibility in strata schemes and when the owner or Owners Corporation must carry out repairs.
Question: Is it the owners corporation or lot owner’s responsibly for maintenance and repairs of courtyards (specifically tiles, waterproofing etc)? Our plan clearly distinguishes between our balconies and courtyards.
Is the owners corporation or lot owner’s responsibly for maintenance and repairs of courtyards (specifically tiles, waterproofing etc)? Our strata manager is claiming courtyards are not balconies (which would normally be an owners corporation responsibility as a defined area of a Class A) because the original unit plan identifies balconies and courtyards with different symbols. I can find no definitions in any relevant legislation that speaks to courtyards.
Answer: This will be determined by how the plans note the subsidiary.
This will be determined by:
- how the plans note the subsidiary, whether as a courtyard or a balcony.
- if the Owners Corporation has registered a rule/alternative rule at any time noting that the Owners Corporation is responsible.
Most carparks, storage areas, patios, courtyards, balconies or garden areas attached to a unit are called unit subsidiaries. Maintenance and upkeep of these areas inside the unit boundary of the unit including timber decking, pavers, pergolas, landscaping, planter boxes are the responsibility of the unit owner.
Class A units require the Owners Corporation to maintain, if load-bearing, all walls, columns, footings, beams or any part of a balcony on the building. Courtyards are the responsibility of the unit owner.
This post appears in Strata News #518.
Jan Browne Bridge Strata E: jan@bridgestrata.com.au P: 02 6109 7700