Sewer pipe collapsed due to tree roots from lot 2’s exclusive use courtyard. Does lot 1 have to pay half?

By Neziah,

We are a 2-lot strata scheme with a shared sewer pipe. The sewer pipe has collapsed due to palm tree roots located within lot 2's courtyard, 10 metres from lot 1's (my) boundary. Lot 2's courtyard is exclusive use. A qualified plumber confirmed the cause of the pipe's collapse.

As the sewer pipe is common property, am I liable for half the cost of this repair?

Can a strata by-law transfer roof and building insurance to individual lot owners?

By Neziah,

I'm a councillor on a 7-unit site. Our strata company has insurance on the roof and building. Our units are aging, as are our flat tin roofs. Can we create a by-law that assigns maintenance responsibility for each lot's building and roof, and assigns insurance to the lot owner? The strata company will look after the common driveway. There is nowhere near enough in our strata maintenance fund to look after all roofs.

Can a developer-owner lease back an exclusive use storage area after selling their lot?

By Neziah,

The developer is a lot owner in our building. They have retained one apartment, which has two exclusive use storage areas (11 sqm and 2 sqm) in the basement. If they sell the apartment, they want to lease back the larger storage area from the new owner on a 99-year lease.

Currently, the larger storage area contains items like excess building tiles and other utility items such as a mower. Some owners are claiming it is a common use area, while others are fine with the arrangement. I believe it is a private agreement between the seller and buyer. Who is correct?

Licensing, levies and loose ends: unpacking Victoria’s Owners Corporations Act review

By Neziah,

Fabienne Loncar from Chambers Russell Lawyers presented this session on the upcoming Victorian strata reforms. Victoria's Owners Corporations Act has been in place since 2006. Much of the sector feels that the legislation has struggled to keep pace with the realities of modern apartment living. The long-awaited review report has now landed, the Government has responded, and legislation has been introduced to Parliament. How has the sector reacted? Fabienne was direct. The response has not landed well, and criticism has been widespread.

David Bugden

By Neziah,

David has over 20 years of experience in the Australian and international property and technology sectors. He began his career as a property lawyer specialising in strata and community titles, and has since led large-scale property services businesses — including a 25,000-lot strata management business across Sydney and Perth. Much of David's career has focused on innovative cloud-based technology solutions for the global strata and property industries.

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