Who is responsible for maintaining a 30-year-old pergola installed by a lot owner in a body corporate?

By admin,

We recently bought in a 30 year old gated community. I noticed the pergola needed painting and way was badly neglected. I've been advised that the original owner built the pergola over 30 years ago and, as it was installed by the lot owner, the maintenance was the owner's responsibility.

I had no knowledge of the pergola being added on or that it was my responsibility.

If the pergola has been part of the property for so long and is deemed to be part of the property for insurance purposes, wouldn't the maintenance be body corporate responsibility?

Do past decisions override body corporate by-laws and who pays for gutters and trees in strata?

By admin,

Our small body corporate of 6 detached lots each with a separately fenced property and a common property driveway was formed in 2009. Being small and formed relatively recently, there is not a large amount in the sinking fund.

Do actions/decisions taken in the preceding years override body corporate by laws? Two situations have recently arisen:

Who pays for garage door damage in strata when an owner or occupier is responsible?

By admin,

Under a Building Format Plan, the body corporate is responsible for maintaining garage doors. But what happens when the damage is caused by an owner, occupier or their invitee rather than fair wear and tear?

In that situation, is the owner or occupier liable for the repair cost? And if so, what steps can the body corporate take if that person fails to act? For example, can the body corporate arrange the repair itself and recover the cost from the owner or occupier, and if payment is not made within a reasonable timeframe, commence legal proceedings to recover the debt?

Body corporate refuses to fix faulty bathroom ventilation in windowless ensuite: Is it an emergency repair?

By admin,

I live in a walk-up apartment building on the Gold Coast. The building has a ventilation unit and ductwork in the roof, that services the apartments. One of the vents in our apartment is no longer working. It is not extracting any air at all. This is located in the ensuite, a room that has no window.

We have 2 other vents, in the bathroom and the laundry, that are both working.

How lot owners can push for urgent termite prevention when the committee fails to act

By admin,

No pest inspections or treatments had been carried out in our 8 lot, 40 year old scheme for the past two years. In 2022, the committee voted to approve a pest and termite inspection quote. The pest inspection/treatment has just been completed. Concerned, I requested from the body corporate manager reports dating back to 2019 when I purchased my unit.

Who pays for removing owner-installed solar and ac units during roof repairs?

By admin,

Our body corporate is carrying out required works on the common property. We are replacing roof sheets. There are lot owner improvements on the roof, such as solar panels and aircon units. These items are in good condition and have not contributed to the problem that the works are addressing. Who is responsible for the cost of removing and reinstating the solar panels and aircon units?

Who is responsible for water damage from a washing machine leak in a rental strata property

By admin,

The supplied washing machine valve in our rented QLD unit failed and resulted in a leak that caused damage to the unit's ceiling below. Our landlord insurance policy was denied. Two appeals were also denied. The strata manager advised building insurance excess for water damage is $5000. The quote to pay to repair water damaged ceiling is just under $2000. We are being pressured into paying it. Who is responsible to pay this?

Who pays the insurance excess for water damage between lots and what counts as an event in strata

By admin,

I refer to Section 193(4) Excess in the Body Corporate and Community Management (Accommodation Module) Regulation 2020, or Section 122(4) of the Body Corporate and Community Management (Small Schemes Module) Regulation 2020 that state:

Can strata by laws restrict converting units into additional bedrooms in NSW

By admin,

Can a strata bylaw be written stating that owners cannot convert unit space into an additional bedroom?

I believe strata can order unauthorised conversions to be reversed but surely it would be best to be proactive and clearly state that conversions cannot be approved?

There are several reasons why conversions are detrimental to residents and owners. In my Owners Corporation, I'm concerned about the maximum occupancy regulations in NSW as we already have overcrowding issues and potential risks.