FactSheet: Maintenance & Common Property

Articles

• Q&A Should we have an asbestos report done on our 1 year old building? May 2018 - Question: Should we obtain an asbestos report for our scheme. The building was built in 2017. I believe only buildings
• Balcony Balustrade Heights: Boozing on low balconies Feb 2018 - It is clear by this recent case that, if the balcony is too low and somebody injures himself or herself
• Leary & Partners Celebrate 40 Years in Business! Dec 2017 - Merry Christmas everybody, the 2017 – 2018 year represents 40 years of continuous service to the strata industry by Leary
• Testing the only way to identify dangerous cladding Nov 2017 - Given the high level of non-compliance and product substitution, the default position should be to presume that a building with
• Could this be a solution to the cladding fiasco? Nov 2017 - The solution to our epidemic could be ‘intumescent paint coatings’ which enhance the fire safety properties of materials making them
• The Body Corporate Benefits Of Having Secure Onsite Storage Nov 2017 - Is lack of secure onsite storage in your building leading to the car park accumulating overflow items out of the
• Strata Community Seeks Fairness in Aluminium Cladding Fix Oct 2017 - Strata Community Australia is stepping up its fight for fairness as the issue of non-compliant aluminium cladding impacts strata owners
• A Tale of Two Committees: A few tips on getting refurbishment projects done right! Oct 2017 - Getting refurbishment projects done well in strata titled properties, especially residential communities, is a significant challenge. We discusses issues commonly
• Cladding Risk Requires Urgent Action by Strata Owners Sep 2017 - The government failure to deal with problems associated with non-complying aluminium cladding has created a massive trust deficit with strata
• We Are Wrapping Buildings in Tens of Thousands of Litres of Petrol Sep 2017 - The Senate Committees interim report has recommended to prohibit the importation, sale and use of Polyethylene core Aluminium Composite Panelling,

From Bland to Fab – How to get your Common Areas Improved

Catherine Lezer
Feb 2016: Looking to carry out common property improvement work in your building? Follow this step-by-step guide to success.

Improving Water Efficiency in Your Building

Catherine Lezer
Jan 2016: Common property water bills are one of the biggest expenses in annual figures. So it makes sense to look at ways improving water efficiency in your building.

Procedures for Pigeon Pest Control at Your Strata Building

Nigel Wraight, Forte Asset Services
Dec 2015: Pigeons carry diseases and parasites which can be harmful to people. Pigeon pest control can be achieved by focusing on a few procedures.

Apartment and Unit Managers Urged to Review Security

Stephen Raff, Ace Body Corporate Management
Dec 2015: Thieves to target empty properties over the holiday period. Get your holiday security checklist for your building organised now.

Balustrades and Strata Liability

Chris Kerin, Kerin Benson Lawyers
Nov 2015: Balustrades Regulations: A defective balustrade is one of the biggest risks to safety on common property, and as such, it is of great importance that an owners corporation ensures that any balustrades in their scheme are structurally sound and comply with the relevant building standards.

Concrete Cancer Epidemic – Don’t bury your head in the Sand

Tyrone Shandiman, Strata Insurance Solutions
Nov 2015: Providing unit owners with insight into how concrete cancer is handled from an insurance perspective and a warning to bodies corporate not to bury their heads in the sand.

Should the Owners’ Corporation develop X-ray eyes?

Michele Hemmings, Exclusively Strata
Nov 2015: Recently one of my strata groups had to spend ~$9000 to rectify damaged common property (mostly the inside of a townhouse) because a long term tenant was prepared to live around falling ceilings, mildew, mould, and rotting timber beams and not report it!

What can your strata community do to reduce crime?

Stephen Raff, Ace Body Corporate Management
Nov 2015: Crime is a big problem in our society and unfortunately strata communities are not immune. There are ways you can help.

Unit Fire and Safety Issues

Christopher Kerin, Kerin Benson Lawyers
Nov 2015: Why is it that in 21st-century Australia, strata title fire safety issues are still making headlines and what can investors do to protect themselves from such issues?

Do tenants have the same rights as an owner?

Paula Byrnes, Metropolitan Strata Reports
Sep 2015: What is the outcome when it comes to owners vs renters rights apartments? What course of action can the tenant take and who do they turn to for information?

Serious Termite Damage – who is liable?

Paula Byrnes, Metropolitan Strata Reports
Aug 2015: When it comes to termite damage strata, who is responsible for inspecting and treatment? How about access – especially if it includes cutting a hole in a timber floor?

Elevator performance and maintenance go hand in hand

Andrew Batynski, ABN Lift Consultants
Jul 2015: Maintenance of elevators: Any lift is an extremely complex system with hundreds of mechanical and electrical parts that must be maintained on a regular basis.

Essential Services – Responsibilities of building owners

Drew Mountney, Melbourne Fire & Electrical
Nov 2014: The recent fire which broke out at a multistorey apartment in Docklands is a timely reminder to owners and owners corporations across Australia that fire maintenance and management is a collective responsibility.

Tendering for Fire Safety

Deborah Sullivan, QIA Group Pty Ltd
Nov 2014: One of the issues we are consistently faced with respect to the maintenance of fire safety measures is how to obtain good value for money for the services that need to be provided.

Tips to help reduce the power consumption of your lift

James Demetrios, Urban Vertical
Oct 2014: Fantastic innovations maybe restricted to new installations or major modernisations, however minor upgrades can help reduce power consumption and provide savings on electricity bills.

Minimum Expectations for Contractors on Your Site

Deborah Sullivan, QIA Group Pty Ltd
Jul 2014: There are very simple ways to ensure that contractors visiting your site are aware of the basic expectations you have of them.

Check your tradie has the right tools for the job – insurance tools that is!

Whitbread Insurance
May 2014: Even though the ‘tradie’ you engage to carry out works on behalf of the Owners Corporation may turn up with the right tools and skills for the job, your responsibility is to check they have the right insurance cover.

FAQs

• Body Corporate costs hit the roof May 2017 - This was a recent incident which occurred at a set of 4 units. The incident ended up costing in excess
• Q&A: Gym Equipment Maintenance – Better to Own or Hire? Nov 2016 - Question: Why does our BC hire and contract out our gym equipment maintenance? Surely it would be better to buy

Resources

Maintenance, Upgrades & OHS

Strata Community Australia
Administering maintenance and upgrades is a continuous process for strata schemes.

• Balcony maintenance. Apartment balconies can be subject to many problems, not only in respect of their ability to successfully drain water away from a lot and the common property.
• Elevator maintenance and upgrades. All strata managers know that maintenance of a building’s plant and equipment is something they must do, but owners are sometimes reluctant because it means spending money.
• Funding options for strata improvements. Strata improvements are almost always on the agenda for owners corporations. If it’s not mechanical or structural improvements, such as lift refurbishments or roofing repairs, it is aesthetic improvements such as painting or rendering. No sooner is one improvement addressed than another invariably crops up.
• The new asbestos regime – how do you comply? From 1 January 2012 there were new requirements for asbestos that lift the depth and breadth of inspection, signage, planning and documentation. All states have pre-existing asbestos requirements: therefore in most states there is an expectation of immediate compliance.

Asbestos Awareness

A national site to increase people’s awareness of the risks of asbestos exposure when renovating.

Mixed Media about Maintenance and Common Property

Strata Pool Compliance

Lyn Wicks, Poolwerx
Jun 2016: This edition of LookUpStrata’s Strata Snapshot Series Lyn talks about strata pool compliance, answering questions about body corporate pools like:

• Why it is important for body corporates to have their pools maintained by a certified professional?
• What does certified pool technician mean, and why is it important?
• What are some key things that people in strata should know about pools?
• What could go wrong with strata pools?

Why Balconies Leak

Ross Taylor, Ross Taylor Associates
Sept 2013: Modern high-rise apartment construction is often plagued by a wide variety of building defects.

Articles

• NSW: “Appearance of the lot” – In keeping with the rest of the building Jul 2018 - In the recent NCAT decision the Tribunal was required to determine the meaning of the words “in keeping with the
• Changes in Legislation to Annual Fire Safety Statements NSW May 2018 - Annual Fire Safety Statements are required to be submitted to your Local Council and Fire and Rescue NSW (FRNSW) each
• NSW: Supreme Court Rejects Proposal to Upgrade Common Property May 2018 - The Supreme Court has rejected a proposal by an owners corporation to upgrade its common property in a way that
• NSW: Q&A Exclusive use of common property. No access! Really…..? Apr 2018 - Question: Before I owned my apartment, another lot owner was given exclusive use of common property. The area is quite
• NSW Cleaning House: What can Owners Corporations do about Unwanted items on Common Property? Jan 2018 - Owners corporations and their strata managing agents have been struggling for years to find effective solutions to disposal of abandoned
• NSW Minor Repairs and Special Resolutions Jan 2018 - Section 110 states that minor repairs can only be carried out by a resolution of the owner’s corporation in a
• NSW: Q&A Window Lock Legislation and Balcony Sliding Door Locks Jan 2018 - Question: I understand the window lock compliance, however the balcony sliding door locks in our strata scheme are a problem
• NSW: Embedded Network in your Strata Scheme – Things You Need to Know Jan 2018 - Embedded electricity networks are becoming more and more common in strata buildings. The purpose of this article is to consider,
• NSW: Time running out for illegal cladding claims – Statutory warranties Nov 2017 - Different warranty periods apply at each stage of the supply chain but one thing is certain, time is fast running
• NSW: Building Cladding Crisis and Notices of Intention to Issue an Order Nov 2017 - In the light of the current crisis around building cladding, the NSW Government is sending Notices of Intention to Issue

The Guide to Window Locks Legislation NSW

Compilation Post
Apr 2016: Q: What types of window locking devices are being installed in strata buildings to comply with the new window locks legislation NSW?

Owners Corporation’s Negligence to Repair Common Property

NSW Lot Owner
Mar 2016: This is a heaven to hell account of the persecution and suffering experienced by my wife and I as strata unit owners, brought on by the dishonesty and negligence of a executive committee and strata manager neglecting to initially repair common property.

Dividing Fences and Trees – Part 2: Trees – The Who, What and When

Allison Benson, Kerin Benson Lawyers
Nov 2015: Trees in strata and community schemes can be a huge issue. Although we need them trees can cause neighbourhood disputes when they overhang or they interfere with your neighbours plumbing system, fence, retaining wall or even building foundations.

Owners Corporations, Security Systems and Privacy – What do you need to consider?

Allison Benson, Kerin Benson Lawyers
Oct 2015: With increasingly sophisticated security systems having more capacity at a lower cost than ever before many strata and community title schemes are installing security systems and surveillance devices such as keyed swipe passes, smart lighting and closed circuit television (CCTV) systems. What many schemes do not consider is the use of these systems and their legality. Privacy is, rightly, a key concern of many lot owners and occupiers.

Dividing Fences and Trees – Part 1: Fences – the who what and when

Allison Benson, Kerin Benson Lawyers
Oct 2015: Dividing Fences Act 1991 (NSW) applies to all “dividing fences” but not to a common property fence dividing two lots within the strata scheme or a common property fence dividing a lot and the common property.

Cleaning House – What Can Owners Corporations Do About Unwanted Items On Common Property?

David Bannerman and Mark Pollinger, Bannermans Lawyers
Aug 2015: What To Do About Abandoned Goods On Common Property? Owners corporations and their strata managing agents have been struggling for years to find effective solutions to this issue.

Common Property Letterboxes, CCTV Cameras and Letterbox Theft

Michael Pobi, Pobi Lawyers
Jun 2015: The theft of mail from apartment letter boxes is on the rise given that they are an attractive target for thieves. So, what can you do about it?

How Secure is your Strata Scheme?

David Bannerman and Samantha Saw, Bannermans Lawyers
March 2015: Strata security can be a tricky issue for owners corporations who need to balance the rights of owners/occupiers with an obligation to minimise the risk of crimes such as break ins, theft or damage.

When Do You Need Approval to Remove or Prune a Tree?

David Bannerman and Mark Pollinger, Bannermans Lawyers
Dec 2014: There can be significant differences between tree preservation orders for specific councils and proposals for pruning or removal of trees should be considered in light of the requirements of the tree preservation order applicable to the relevant local government area.

Owners Corporation’s Duty to Maintain and Repair Common Property

Pierrette Khoury, Turnbull Bowles Lawyers
Oct 2014: It is imperative the Owners Corporation is mindful of its obligations with regard to the legislation and ensures the common property is properly maintained and repaired.

Common Property, Lots and Strata Title Issues

Michael Pobi, Pobi Lawyers
Sep 2014: To determine what land, structures or airspace comprise lots or NSW common property in your strata scheme it is necessary to examine the various definitions contained in the legislation.

What Do I Own & What is Common Property

David Bannerman and Sven Bjerkhamn, Bannermans Lawyers
May 2014: For any lot owner and for an owners corporation, the really important question of who owns what needs to be established as the answer will dictate how a strata scheme is correctly managed and who is responsible for what parts of a strata scheme.

Resources

STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws, including those concerning common property, for residential strata schemes

Who’s Responsible? a guide to common property

Strata Community Australia (NSW). This report provides information detailing who is responsible for repairs and maintenance – the owner or the body corporate?

Fire safety and external wall cladding

NSW Fair Trading. The NSW Government is working to address the fire safety risks associated with external wall cladding in high-rise buildings and has developed and started implementing a co-ordinated, whole of government policy response.

How can an Owners’ Corporation identify common property in a strata scheme?

NSW Government: Land & Property Information.

Common property and the lot in a strata scheme

NSW Fair Trading: A strata scheme is a residential building or a collection of buildings where each individual proprietor separately owns a small part, usually their apartment or townhouse. This small part is called ‘a lot’. There are other parts of a strata scheme building or property which are not part of anyone’s private lot. These parts are jointly owned by all the lot owners and are called common property.

FAQs

• Q&A Vetos and Alterations to Common Property in NSW Jul 2018 - Question: This site recently replied to an SA question about Common Property Alterations. Is the response also applicable for alterations
• NSW: Q&A Can Common Property Tree Maintenance be Shifted to Lot Owners? Jun 2018 - Question: Can the Owners Corporation vote to have tree maintenance transferred to a lot owner? The large planter box is
• WA: Q&A Australian child window safety May 2018 - Question: What are the requirements for Australian child window safety? I'm located in WA and wondering whether we need to
• NSW: Q&A Protocol for having automatic garage door openers installed May 2018 - Question: What is the protocol for a lot owner to have automatic garage door openers installed to an existing garage
• NSW: Q&A Strata approval for renovations which include waterproofing Apr 2018 - Question: I'm concerned about the correct process of strata approval for renovations in our scheme. Renos involving waterproofing aren't being
• NSW: Q&A Are our fire safety inspections too frequent? Mar 2018 - Question: We are lot owners in a small scheme strata in NSW. How often should our fire safety inspection be
• NSW: Q&A Which Window Locks are Best? Jan 2018 - Question: Can you suggest which window locks are best? We understand there are custom lockable devices available which allow the
• NSW: Q&A Can we create a bylaw against flushing wipes down the toilet? Jan 2018 - Question: Can we create a bylaw prohibiting residents from flushing wipes down the toilet? Assuming this is possible, if a
• NSW: Q&A Commercial Storage of Archives in Garage. Storage of flammable material and Insurance Jan 2018 - Question: Is letting unused garage space for commercial purposes - long-term archive storage - allowable (with or without strata approval),
• NSW: Q&A Apartment fire regulations – Security screen to front door of unit Dec 2017 - Question: What are the rules on fitting a security door to the front entrance door of a unit? Does this

Q&A Plants Stolen from Garden on Common Property

Compilation Post – Leanne Habib, Premium Strata + Renee Cassidy, Whitbread Insurance Brokers + Allison Benson, Kerin Benson Lawyers
May 2016: This interesting Strata Questions and Answers article concerns some plants stolen from a garden on the common property of a scheme in NSW.

Q&A Upkeep the Repair of Common Property

Jan Browne, Ian McNamee & Partners
Apr 2016: Is it the responsibility of the Strata Manager to advise the Owners Corporation to upkeep and maintain the repair of common property?

Q&As NSW & QLD: Children, Commercial Strata Parking Regulations & Strata Insurance

Andrew Jakes, Ace Body Corporate Management + Jan Browne, Ian McNamee & Partners + Whitbread Insurance Brokers
Mar 2016: Some great strata questions and answers about children on common property, commercial strata regulations concerning parking and a strata insurance question!

Q&A Leaky Floors and Outstanding Body Corporate Levies

Andrew Jakes, Ace Body Corporate Management + Hayley Eighteen, Whitbread Insurance Brokers
Feb 2016: In this Q&A post, we answer two NSW Strata Questions: 1. Who pays for a leaky floor and 2. When is interest charged on outstanding body corporate levies?

Mixed Media

NSW Strata Window Safety – Peter Berney, Solutions In Engineering

eBooks

Neighbours and the law

by Nadine Behan. Published by the Legal Information Access Centre (LIAC), State Library of New South Wales, 2012. An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes. Covers areas that commonly cause problems between neighbours including: dividing fences, retaining walls, overhanging branches, animals and noise, including a section discussing:

• Dividing fences. Restrictions concerning the style of dividing fence may operate in your local area because of council policies, heritage protection or restrictive covenants (e.g. a subdivision may have an agreement that all fences be of a particular type). Also some fences may need council approval. Check your local council website for any guidelines concerning fences in your area.
• Retaining walls. A retaining wall is a structure that supports excavated or filled earth on a property. The construction of a retaining wall will often require a Development Application. Check with your local council.
• Trees and plants. Trees and plants are a common cause of disputes between neighbours. In NSW legislation largely regulates the planting, pruning, destruction and removal of trees and plants and also deals with some of the disputes. The overall aim, wherever possible, is to conserve vegetation, especially in the urban environment.

Articles

• NSW: Fair Trading Providing Incorrect Information About Window Safety Devices May 2018 - Information on the NSW Fair Trading site is resulting in some incorrect conclusions that it is possible for an owners
• NSW: Window Locks – Who is Responsible? Feb 2018 - Within the month, owners corporations must comply with another new law – window safety devices (window locks). In NSW, window
• Tenants Reporting Repairs: Is it their responsibility? Feb 2018 - Balustrades and balcony railings are the responsibility of the owners corporation to maintain and repair. Nothing at law, however, will
• NSW: Are We All Getting It Wrong? Unauthorised Works: Who Is Responsible For Repairing Them? Nov 2017 - Who is responsible for repairing unauthorised works done by an owner to common property that is defective? The answer (and
• NSW Court of Appeal Finds Lot Owners Can Claim Against Owners Corporation for Nuisance After Thoo Sep 2017 - This decision enables lot owners and occupiers to sue their owners corporations in nuisance. An action in nuisance or negligence
• NSW: Q&A Lots Not Cooperating For Child Window Safety Devices Aug 2017 - Question: Two lots in our building have not cooperated with the fitting of child window safety devices. Can our building
• NSW: Lift Refurbishments – Do Owners Corporations Have to Pay Compensation to Affected Owners and Tenants? Jun 2017 - Can an owners corporation shut down the lifts in its building to refurbish them? If so, does the owners corporation
• Fixing a Leaking Roof Apr 2017 - As a Registered Building Practitioner who is also a specialist in waterproofing installation, I have witnessed the devastating consequences of
• NSW: Swimming Pools Act 1992 Jul 2016 - The Swimming Pools Act 1992 has further been amended since 2012 to improve the safety of children around swimming pools

So What Happens if the Owners Corporation Does Not Fix the Building?

David Bannermans, Bannermans Lawyers
Apr 2016: Many owners face problems with strata schemes failing to repair/maintain common property. Is the 2015 Strata Reform going to assist?

NSW: Growth in Mould Claims

David Bannerman and Ben Robertson, Bannermans Lawyers
Mar 2016: Dealing with complicated issues concerning toxic mould claims in buildings is becoming more and more prevalent in NSW.

NSW: Window Safety Requirements – Reminder Compliance Due 18 March 2018

Allison Benson, Kerin Benson Lawyers
Feb 2016: An important reminder for owners corporations to include a provision for Window Safety Requirements in their annual budgets.

Case of the week – Toxic Mould

Paula Byrnes, Metropolitan Strata Reports
Aug 2015: Toxic mould in a rented apartment – who is liable for the issue? The owners corporation, the landlord or the tenant? And how bad can mould really be?

NSW Building defects and maintenance

Media Release, NSW Fair Trading
Jul 2015: What do I do if I have a defect in my apartment? Find out the steps to take when dealing with NSW building defects and maintenance.

Strata Window Safety Locks and Devices

Pierrette Khoury, Turnbull Bowles Lawyers
May 2015: Changes were implemented to window safety strata as a result of fatalities in apartment buildings. Statistics have shown that each year approximately 50 children fall from windows or balconies in Australia.

Annual Fire Safety Statements: What Are They Good For? Sometimes, Absolutely Nothing!

David Bannerman and Carlo Fini, Bannermans Lawyers
Apr 2015: Our experience based on cases we have seen is that owners cannot rely on their annual fire safety statements if they want to make sure that their building fully complies with the Building Code of Australia and any applicable Australian Standard.

Wild Weather & Damage – the Owners Corporation’s Duty to Maintain and Repair the Common Property

Allison Benson, Kerin Benson Lawyers
Apr 2015: This is a quick refresher for owners corporation’s and lot owners on what their respective duties are when common property is damaged due to wild weather.

What Contract Should I Use?

Christopher Kerin, Kerin Benson Lawyers
Nov 2014: Commonly owners corporations completing rectification/maintenance work engage builders without giving proper consideration as to the building contract which should be used for that work.

What Do I Do When a Subcontractor Doesn’t Perform?

David Bannerman and Ben Robertson, Bannermans Lawyers
Oct 2014: Builders need to manage both the “front-end” and “back-end” of works performed by subcontractors so that builders can take appropriate steps if a subcontractor performs defective work or fails to finish a job.

Resources

Strata Title Renewal

Property Council of Australia
Buildings have a natural lifecycle. Some of the oldest strata buildings in Sydney are close to 100 years old. The process of decline has been accelerated by lack of maintenance as owners’ corporations have sought to minimise contributions.

Without renewal, buildings are being pushed past their realistic lifespan. We risk the emergence of a plethora of buildings which are unsound and unsightly

Deck and balcony safety

NSW Fair Trading
Is your deck or balcony safe? Recently there have been a number of incidents involving decks and balconies resulting in injury and death. NSW Fair Trading have produced a maintenance and safety guide to help home owners check their decks and balconies are safe and in good repair.

Register your pool and spa

NSW Government: Swimming Pool Register – From 29 October 2013, authorised officers may fine pool owners if their pool is not registered on the NSW Swimming Pool Register. The fine is $220.00.

Selling a Property with a Swimming Pool or Spa Pool

NSW Government: Division of Local Government – With over 300,000 backyard swimming pools in New South Wales, swimming pool safety is a vital issue that affects the whole community. Supervising young children in and around swimming pools and developing water confidence through water familiarisation programs can save lives. Effective pool barriers also help keep young children safe.

FAQs

• NSW: Q&A Strata Committee Conflict of Interest Over Concrete Cancer Repairs? Jul 2018 - Question: We are in the process of an NCAT dispute over the Owners Corporation's failure to repair the common property.
• NSW: Q&A Do CrimSafe screens comply with Window Safety Laws? May 2018 - Question: Could you please tell me whether CrimSafe screens comply with the new window safety laws for apartments.
• NSW: Q&A Are non-structural wall cracks the responsibility of owners corporation? Apr 2018 - Question: A lot owner's internal walls have non-structural cracking from slight building settlement. Where does the responsibility of owners corporation
• NSW: Q&A Water damage on my ceiling from the apartment upstairs Mar 2018 - Question: Who is responsible for the water damage on my ceiling and the white goods in the kitchen caused by
• NSW: Q&A How many quotes on cost to repair termite damage? Mar 2018 - Question: Would you please advise how many quotes would be required on the cost to repair termite damage in our
• NSW: Q&A Who’s responsibility to replace the screen door? Mar 2018 - Question: The fly screen to my balcony is very old. Who should be paying to replace the screen door? Is
• NSW: Q&A No safe access to roof cavity Mar 2018 - Question: I have no safe access to roof cavity in my townhouse. Does the responsibility for safe access to roof
• NSW: Q&A Strata Charges for Exterior Painting. Should I have to pay? Feb 2018 - Question: I have been charged for a small amount of exterior painting. The work wasn't even carried out very well.
• NSW: Q&A Reducing the Cost of Our Lift Maintenance Contract Feb 2018 - Is it possible or practical to reduce our annual lift maintenance costs by increasing the periods between services calls from
• NSW: Q&A Unit Entitlements and a Working Apartment Intercom System Jan 2018 - Question: Our unit in an old strata building has an apartment intercom system, which works only some of the time.

Q&A Parking on Common Property Without Approval & Access Strata Lots for Maintenance

Leanne Habib, Premium Strata
Apr 2016: Answer: The Act does not permit residents to park on common property approaches without the prior written consent of the Owners Corporation.

Q&A Who is Responsible for Sanding & Polishing My Floorboards?

LookUpStrata + Leanne Habib, Premium Strata
Apr 2016: Who is responsible for maintaining / sanding and polishing the floorboards in a strata apartment? Aren’t floorboards part of the common property?

Who is responsible for the maintenance and repair of the internal stop valve connected to the water main?

Question

A plumber had to turn off the water main to fix the internal stop valve in the lot. Who is responsible for the maintenance and repair of the internal stop valve connected to the water main?

Answer

From Simone Balsara, TEYS Lawyers:

The internal stop valve is within the lot and for the exclusive use of the lot. Therefore, the internal stop valve is the owner’s responsibility. It does not matter that it is connected to the water main. However, the main stop valve servicing all lots (usually on an external wall to the building) is the owners corporation’s responsibility.

Question: If there is an internal bathroom not located on the common property and there is a leak from the pipes, who is responsible? Are the pipes still common property?

Answer

From Simone Balsara, TEYS Lawyers:

Normally burst pipes are the responsibility of the owners corporation. However, if a pipe is for the exclusive use of the lot, then if it bursts within the lot, the owner shall be responsible (e.g. pipe in an internal wall feeding the shower).

FAQs: Strata Schemes: Common Property

NSW Fair Trading

FAQs: Strata Schemes: Repairs & Maintenance

NSW Fair Trading

Articles

• QLD: Q&A Car Park Storage. Furniture … tyres! I want this rubbish gone! Jun 2018 - Question: Lot owners store furniture and rubbish in our car park. I want car park storage to stop. Our Body
• Strata Lifts: The 90-Day Exclusion Clause – A New Twist & It Can Really Hurt Sep 2016 - Check your lift maintenance contract terms and conditions. A body corporate could be severely penalised by a new exclusion clause
• QLD: Storm Strata Disaster – Double Asbestos Whammy Jun 2016 - Once again and is this becoming a regular event? Destruction from bad weather to Strata Units - this time with
• QLD: Top tips for Bodies Corporate dealing with Storm Damage Jun 2016 - This article discussing how to deal with damage caused by the recent Queensland storms has been supplied by Mario Esera,
• Master Key Security – Avoiding Disputes Feb 2014 - The safe custody of a master key is incredibly important, with its loss or theft resulting in significant security implications,

Queensland Government introduces changes to overhaul smoke alarm systems

Deborah Sullivan, QIA Group Pty Ltd
Feb 2016: From 1 January 2017, all smoke alarm systems installed will need to be fully compliant for new buildings or when significant renovations occur.

The Risks With Long-Term Contracts: Lift Maintenance Contracts

Unit Owners Association of Queensland (UOAQ)
Jan 2016: Many complexes have long-term lift maintenance contracts: often, for 10 years or so. These contracts include 2 big risks to Body Corporate funds.

Working at heights in management rights

Frank Higginson, Hynes Legal
Apr 2015: Management rights remains a far less risky business from a WHS perspective than most industries. However, care must be taken when working at heights.

The Importance of Annual Fire Compliance in Strata

Pete Berney, Solutions In Engineering
Sep 2013: When the Queensland Fire and Rescue Service (QFRS) clarified annual fire compliance as a legal obligation they introduced a new regime with On-the-Spot fines of $3,000 per breach.

Queensland Fire Compliance in Strata

Joel Carkeet
Apr 2013: With Insurance companies nowadays cracking down on various compliance requirements in Strata Schemes, the largest area of concern is Fire Compliance and the need for Bodies Corporate to ‘tick the boxes’ for their insurance policy to continue.

FAQs

• QLD: Q&A Suing other lot owners for lack of garden maintenance Jun 2018 - Question: I very dissatisfied with the level of garden maintenance and the apparent apathy of our committee. Can I claim
• QLD: Q&A Fire door replacement due to defect notice. How long to comply? Apr 2018 - Question: My apartment was listed as “critical” for a fire door replacement. Strata will cover the costs, but I am
• QLD: Q&A What changes can you make to an apartment? Mar 2018 - Question: What changes can you make to an apartment? The contract between the developer and a purchaser contained a clause
• QLD: Q&A Fire doors kept open – is committee neglecting responsibilities about fire safety? Mar 2018 - Question: I'm concerned about fire doors kept open within our building. I raised my concerns in writing with the committee
• QLD: Q&A Fire doors failed inspection due to unauthorised security doors Mar 2018 - Question: In our building, five fire doors in apartments failed due to unauthorised screen doors fitted to apartments. QFES has
• QLD: Q&A Who is Responsible for Maintaining a Boundary Fence? Feb 2018 - Question: Who is responsible for repairing or maintaining a boundary fence which is located in the exclusive use area of
• QLD: Q&A Who pays the cost of a replacement fire door for our unit? Nov 2017 - Question: Who should pay for a replacement fire door for our apartment in Queensland? Is this a lot owner cost
• QLD: Q&A Applying for Body Corporate Approval ….. Again (after already getting a NO) Nov 2017 - Question: The Secretary of our Body Corporate Committee has applied for body corporate approval to install shutters after receiving a
• QLD: Q&A Why am I responsible for replacing decking boards? Oct 2017 - Question: The committee is looking at replacing the framework of my deck but wants me to cover the cost of
• QLD: Q&A The Average Price of a Sinking Fund Forecast Sep 2017 - Question: What is the average price of a sinking fund forecast for a 26 lot complex in Queensland? Is it

FAQs regarding fire door compliance

Peter Pedersen, Spanline Fire Doors
Sep 2015: Do you know your fire door compliance? Here we provide some straight forward answers to some common questions regarding fire door compliance in Queensland.

Resources

Swimming pool safety laws: Guideline for pool owners and property agents

Department of Housing and Public Works
Pool safety

Body Corporate and Community Management Fact Sheet: Maintenance

Developed by Department of Justice and Attorney-General.

Body Corporate and Community Management Fact Sheet: Storm damage

Developed by QLD: Department of Justice and Attorney-General.
The storm that hit Brisbane and South-East Queensland on 27 November (and others like it) has caused loss, damage and inconvenience to many people. We extend our sympathy to those in community titles schemes who are experiencing difficulties because of the storm.

We encourage lot owners and anyone involved in a body corporate to work together and to recognise that many people may be under stress at this difficult time.

We have put this information together to help people in community title schemes deal with problems caused by the storm. This information is relevant to all schemes in Queensland.

Maintenance of common property and lots

Queensland Building and Construction Commission The purpose of these guidelines is to assist pool owners (including bodies corporate) and property agents to understand their pool safety responsibilities under the Building Act 1975 (BA).

Guidelines for pool owners and
property agents

Oct 2015: Body Corporate and Community Management (BCCM) provide information on what is common property and what is required to be maintained by whom.

Mixed Media about QLD Maintenance & Common Property

Concrete Cancer

The Project
Jul 2015: The Project takes a look at the problem of Concrete Cancer on the Gold Coast.

What is ‘concrete cancer’?

612 ABC Brisbane
15 June, 2015

From 7:45 minutes: Unit owners at the Focus Apartments in Surfers are looking at a very large bill to prevent the extremely dangerous building deterioration called ‘concrete cancer’.

ANP Paining Contractors director John Poole speaking to Bern Young on the breakfast program, and Nicole followed up with Surfers Paradise councillor Lex Bell, who is a resident of the Focus apartments, as well as Body Corporate Lawyer Michael Kyle who believes that the Focus Apartments concrete cancer issue is a wakeup call to all bodies corporate.

Articles

• Banning Combustible Cladding In Victoria Mar 2018 - The new ministerial guidelines spell out what can’t be used on Victorian building sites, spelling an end to the use
• VIC: Victorian Cladding Taskforce Taking Action On Cladding Dec 2017 - The Government today released the Victorian Cladding Taskforce Chairs’ interim report, which outlines the extent of combustible cladding on buildings
• VIC: Stern Warnings Issued for Victorian Apartment Owners Following St Kilda Gas Explosion Forces Evacuation Oct 2017 - A stern warning has been issued for 1 in 4 Victorians living in apartments, following a gas explosion in St
• Taskforce To Address Cladding In Victoria Jul 2017 - The new taskforce will bolster the state’s ability to detect and address non-compliant cladding in Victoria, and ensure residents, owners’
• VIC: The ‘Twenty-Seven Centimetre Dispute’ between St Kilda Road Owners Corporation and Lot Owner May 2017 - An Owners Corporation for a Melbourne development sought an order from VCAT that a lot owner comply with one of

Maximum OHS fine more than doubling in Victoria

Deborah Sullivan, QIA Group
Apr 2016: The maximum OHS fine in Victoria will more than double – to become higher than the maximum $3 million fine in the harmonised states – under a Government Bill introduced to Parliament in March 2016.

What’s yours and what‘s common property?

Stephen Raff, Ace Body Corporate Management
Jan 2016: Strata managers regularly receive questions from strata lot owners about ‘what is mine’ or ‘where are the common property boundaries’?

Common Property Leases and Licences – Legal Checklist

Nicole Wilde, Tisher Liner FC Law
Oct 2015: In order to validly grant common property leases, the Owners Corporation must pass a special resolution. Have you thought about all the items which need to be considered?

WorkSafe Victoria on Asbestos within Strata Schemes

Deborah Sullivan, QIA Group
Sep 2015: Are Owners Corporations required to gain an Asbestos Assessments under Division 5 (Asbestos in workplaces) for common areas that are not within the lot?

FAQs

• VIC: Q&A Water Ingress – The Body Corporate say it’s my problem to fix Apr 2018 - Question: For some time we have had water ingress through the walls and windows of our investment unit. The body
• VIC: Q&A The Owners Corporation, Overflowing Drains and Residents Working Bees Feb 2018 - Question: What are or aren't residents permitted to do in common areas? How can we arrange residents working bees to
• VIC: Q&A Lighting in common areas – expenses assigned to individual units Jan 2018 - Question: Quite a while back, our lighting in common areas was connected via a few individual lots. The residents of
• VIC: Q&A Can I hang Christmas decorations on the balcony? Dec 2017 - Question: Are there laws about external Christmas decorations and strata units in Victoria? Can I hang Christmas decorations on the
• VIC: Q&A Repairing Roof Tiles – Who is responsible for the cost? Sep 2017 - Question: I am a resident of a single storey strata unit. Who is responsible for repairing the roof tiles on
• VIC: Q&A Owners Corporation Approval to Renovate My Apartment? Aug 2017 - Question: I'm looking at doing some major renovation work to my apartment. What Owners Corporation approval is required? Do I
• Q&A Do I need permission to renovate on a 2 lot subdivision Victoria? Jul 2017 - Question: We are an owner in a two lot subdivision and we have renovated the front of our unit without
• VIC: Q&A Maintenance of Common Property – Decorative Paintwork Apr 2017 - Question: Our scheme has a deteriorated decorative paint finish. Opinion is divided as to whether this decorative finish is required
• VIC: Q&A Water Leak From Balcony Mar 2017 - Water leak from balcony: I have a drain on the balcony the comes from the roof. There is a leak

Q&A: Strata Living Victoria

Sonya Williams from enLighten Australia and Daniel Hunt from Ace Body Corporate Management
Feb 2016: Over the past week or so we have received a few questions from lot owners asking about different aspects concerning strata Living in Victoria.

Q&A Emergency exits from common property areas

Layton Gale, Australian Essential Services Group
Nov 2015: It is a requirement of all buildings that there must be a safe and unobstructed path of travel and discharge from exit to the road or open space.

Resources

Model rules for owners corporations

Model rules concerning use of common property & body corporate’s duties in relation to common property. If your owners corporation does not make a rule covering any item in the model rules, then the model rules apply.

Property maintenance – owners corporations

Consumer Affairs Victoria
Including information concerning maintaining common property, renovating individual lots and maintenance plan.

Asbestos Compliance and Group Title in the ACT

Chris Kerin, Kerin Benson Lawyers
Dec 2015: Group title schemes, such as strata schemes and company title schemes, may be subject to various requirements to reduce the risk of asbestos under both statutory and common law duties.

Factsheet: Service Contracts

ACT Government: Justice and Community Safety
Restrictions are placed on the term of all service contracts entered into after 31 March 2009. A service contract entered into in breach of the provisions is void.

FactSheet 4: Class A Units – What, Special Issues, Maintenance

Justice and Community Safety
Class A units are different from class B units and other forms of land ownership in that they
are limited in height, with boundaries defined by reference to floors, walls, and ceilings.

FactSheet 5: Class B Units – What, Special Issues, Maintenance

Justice and Community Safety
Class B units are different from Class A units in that Class B units have boundaries unlimited in height (apart from any encroachments by another part of the parcel).

• SA: Q&A Common Property Alterations – Can a single owner veto a decision? May 2018 - Question: To my understanding, every owner has equal right and say for any issue related to common property alterations, including
• SA: Q&A Reimburse for replacing external blinds – 10 years ago!? May 2018 - Question: One lot owner had external blinds replaced around 10 years ago, and is now asking for a reimbursement. She
• SA: Q&A Repairing exhaust fan to stop cooking smells from my unit Mar 2018 - Question: It seems my exhaust fan needs replacing as the neighbour is complaining of cooking smells. Is the repair/replacement my
• SA: Q&A Cracks in Apartment Walls. Do I fix or can Strata claim on insurance? Feb 2018 - Question: Are cracks in apartment walls up to me as a lot owner to repair? I don't mind repainting, but
• SA: Q&A Strata Maintenance Responsibility – Painting, windows, balconies Nov 2017 - Question: Each owner in our building has exclusive use of their balcony/ies. Who looks after the repair and upkeep? Are
• SA: Q&A Shared Water Meter Between Three Units & Splitting the Bill Nov 2017 - Question: We have a shared water meter between three units. I find it very unfair as I contribute towards the
• SA: Q&A Body Corporate Permission to Make Changes to Common Areas Oct 2017 - Question: Does a new owner have right to make changes to the common property such as installing garden beds and
• SA: Q&A Purchase of common property – an unused visitors parking space Sep 2017 - This question about the purchase of common property has been answered by Tyson D'Sylva, Ace Body Corporate Management. Question: I
• SA: Q&A Strata Maintenance Adelaide. Who repairs the roof? Aug 2017 - Question: We have a few bent roof panels. Are we responsible for the repair of the roof or is this
• SA: Q&A Who is responsible for strata repairs? Jun 2017 - Question: Who is responsible for strata repairs? When it comes to plumbing, can the strata corporation force a lot owner

Articles

FAQs

FAQs about TAS Maintenance & Common Property

What control does the body corporate have over activities by the lot owners on the common property?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Resources

STRATA TITLES ACT 1998 – SCHEDULE 1 – Model by-laws

Model by-laws concerning use of common property & body corporate’s duties in relation to common property.

Articles

Apartment garage security: keeping strata garages safe from theft

WA Building Manager
Dec 2015: Be alert about apartment garage security after a spate of thefts from apartment carparks have recently occurred across Perth, WA.

FAQs

• WA: Q&A Damaged water meter – Why doesn’t strata pay? Mar 2018 - Question: My water meter was recently vandalised and the Water Board says any repairs to a damaged water meter are
• WA: Q&A Ceiling falling in – is this a Strata Council cost? Mar 2018 - Question: The unit beside ours have had their ceiling falling in. There is $6000 worth of damage and our strata
• WA: Q&A Common Property Maintenance – Who is responsible for the damage? Jan 2018 - Question: A lintel above a lot owners door needs to be replaced due to extensive damage that could have been
• WA: Q&A Common property damage: Who repairs a leaking skylight installed by the lot owner? Dec 2017 - Question: If a lot owner installs a skylight which later leaks, who carries out repairs to the common property?
• WA: Q&A Lot entitlements and exclusive use or special privileges bylaws Dec 2017 - Question: A considerable portion of common property has been annexed for the Exclusive use of 1 particular unit. Is it
• WA: Q&A Permission from all lot owners to change the colour of my garage door? Oct 2017 - Question: Does a garage door repair involving changing the colour and style of the door from blue to brown require
• WA: Q&A Who is Responsible for Updating Hard Wired Smoke Alarms? Jul 2017 - Question: Who is responsible for the updating of hard wired smoke alarms. Is it the lot owners or the Strata
• WA: Q&A Water Leak Strata: Who pays for the repair of a leaking water meter? Mar 2017 - Question: I have noticed a leak at the water meter to our unit. I believe that we are not responsible
• WA: Q&A Seperate Water Meters for Apartments Jan 2017 - Question: What is the procedure for installing seperate water meters for apartments in a Western Australian strata scheme?

Question – Emergency Access Gated Communities

WA Lot Owner
May 2016: Demand for gated communities is a growing trend & the issue of emergency access gated communities will certainly increase. A holistic approach is needed!

FAQs about WA Maintenance & Common Property

Survey Plan or Strata Plan: Strata Questions and Answers

Landgate

Guide to Strata Title

This publication contains a Strata Questions and Answers section (page 25) for strata owners and residents containing answers to common questions including:

• I own a lot in a strata scheme established under the 1966 Strata Titles Act. When I bought my unit I thought I owned my garden and car bay, but now I’ve found out that these are common property. How can I own these areas as part of my lot?
• What control does the strata company have over activities by the lot owners on the common property?
• Who is liable to pay for the upkeep and maintenance of dividing fences? (sec 123 STA)

Resources

Section 28: Schedule 1 & Schedule 2 By-Laws

Schedules 1 and 2 to the Strata Titles Act contain the standard by-laws which apply to all strata schemes unless the strata company has amended them, including by-laws concerning use of common property & body corporate’s duties in relation to common property. You should obtain a copy of the strata plan to ascertain if the standard by-laws apply.

Rules for Pools and Spas

by Government of Western Australia: Department of Mines, Industry Regulation and Safety.

Resources

STRATA TITLES ACT 1998 – SCHEDULE 1 – Model by-laws

Model by-laws concerning use of common property & body corporate’s duties in relation to common property.