Question: In our block of 20 units, we do not have individual water meters. The water isolating valve in my unit is broken. Is the repair an owners corporation or owner’s cost?
Answer: Unless your scheme has adopted the common property memorandum, the position is unclear.
Unless your scheme has adopted the common property memorandum, the position is unclear. If you have adopted it, the stopcock to the unit is the responsibility of the owners corporation. If you have not, there is no clear answer.
One view is that because the valve services only one lot and is wholly within the lot space, it is a lot owner’s responsibility. Another view is that due to the importance of the valve, it should be the responsibility of the owners corporation.
However, generally speaking, many adopt the earlier view that the isolating valve is lot property as it sits within the lot space and services only one lot.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in the July 2025 edition of The NSW Strata Magazine.
Hi,
Our tenant (who no longer lives in our unit) ordered a product online and subsequently had their package delivered by a random delivery driver whom she had no relationship with. (As is usually the case when someone orders something online). Another owner said they saw the delivery driver run over some plants along the driveway as they left the property. The owner’s corporation had a landscaper come out and replace the plants and have issued us (the owners) with the bill and have said we are responsible for the costs as it was our tenant ordered the package and the plants were damaged by the driver delivering her package. We have asked the owners cooperation for support to direct the claim to the responsible party (the driver) with no success, we have attended mediation also and they still state we are responsible. We have also reached out to the union rep of the driver who has asked for several pieces of evidence to prove he did the damage (stat decs, CCTV footage, the landscaping invoice etc). When recovering costs special by-law 9 references “an owner or occupier” but does not make reference to recovering the costs associated with accidental damages caused by a third party, and we do not believe the damage was caused as a direct or indirect action of our tenant. Where do we stand with this?. Thanks.
Hi
We are a complex of 26 townhouses with a 40-year-old roof. The roof is a common area of responsibility, however, some of the units have put in skylights without by-laws being written to change legal responsibility to the lot owners.
The skylights are now leaking and now need to be replaced. The new owners of the units are arguing that Strata should pay for these skylights as they are a common area, even though they were put into the roof being a common area without permission. (the present owners did not put the skylights in)
Reading some of the previous comments is the best advice for
– Strata to organize the repairs either replacing the skylights or removing the skylights and reinstating the original type of roof and then invoicing the unit for these costs.
– Or is it better to say buyer beware, you should have known there was no skylight on the original plans if you have done a proper search and therefore it is your cost. We understand the skylights were put in around 2012.
The real question is can we force the unit owner to pay for repairs to a common area where they adjusted the common area without permission, or a by-law being written.
Hi Jonathan
Some of the Q&As on this article may assist: NSW: Q&A Liability Clauses When Lot Owner Improves Common Property
For further assistance, we suggest you seek legal advice.
I live in single storey townhouse in a strata of 13 units. Our neighbouring 2 storey unit has the rooftop gutter downpipe from their roof directed onto our roof area instead of their own, so during heavy storms we are getting water from our roof section as well as the neighbour. All the other townhouses are two storey and as all as far as i can see have the roof stormwater directed onto their own lower roof , gutters and downpipes.
I believe it was a mistake from the beginning made when the townhouses were built over 10 years ago. Strata committee and management have not responded and the problem has been extreme during the flooding our area experienced in the last year. What are my options?
How does the Strata Body fulfill it’s obligation to maintain common property when one owner refuses access necessary to carry out the work? The work doesn’t qualify as an emergency which would allow the strata to override the owner, but is essential.
Hi mike
We’ve responded to a similar question here:
Question: Repairs need to be carried out in a lot and the lot owner will not allow access. What power does the Owners Corporation have in these circumstances to enter the lot?
Who should pay for the initial investigations into causes of mould? OC or Owner?
Hi smalloli
This article, containing the recording of a webinar about mould and other contaminants, should assist:
Q&A Treating and removing mould from strata apartments
Interesting question and answer that was provided regarding who is responsible for repairing a pipe that passes through common property?
What I like to know in an actual situation; who is responsible where a Lot Owner decides to undertake a Do-It-Yourself (D-I-Y) kitchen renovation and during this kitchen renovation the hot water pipe that passes through the common property cavity which this hot water pipe exclusively services the Lot Owners who are undertaking a D-I-Y kitchen renovation, bursts and causes damage to the other Lot Owner’s ceiling that resides directly below?
The Lot Owners who are undertaking this D-I-Y project did not provide a security bond nor a certificate of currency nor provide the Owners Corporation (OC) with their credentials/qualifications nor was there a special by-law for this kitchen renovation shown to the OC’s to view and vote on their proposed D-I-Y kitchen renovation.
The OC finished up paying a few thousand dollars for this debacle.
So, who is responsible for the damage caused?
Should these D-I-Y Lot Owners have provided those additional documents including the amount of the security deposit bond? And in which account would this Security Bond be held in?
Should a Special By-Law for kitchen renovation been provided by these Lot Owners for the OC to vote on?
Can the Owners Corporation formally request the D-I-Y Lot Owners to reimburse for the cost of repairs?
Hi CJ
Pierrette Khoury, Khoury Lawyers has responded to your comment on this article:
NSW: Q&A Strata approval for renovations – What is the process?
In regards to the 360K needing to be raised by a strata of 6 lots. I can totally understand why people would refuse to do that at 60K per lot.
What I would do is seek a EGM to be held or table a discusiion if soon around an AGM to seek a potential outcome.
I feel a better way than handing over writes of redress to others is seek a strata loan to be paid back of 15-20 yrs to lessen the blow to all lot owners including yourself.
Also in future seeking a better and structured maintainance and capital works plan with timeframes set for repairs.
eg as per below spreadsheet I did myself as treasurer of a 6 unit lot in newcastle and owner of 1 unit.
Jason
Proposed Capital Works FUND Budget 2013-2038 (25YRS)
Item Replacement Cost Lifespan YRS YRLY Allocation Due
1 Irrigation System 1320 10 132 2023
2 Exterior Painting 23000 10 2300 2023
3 Landscaping 390 6 65 2026
4 Pumps and Motors 10905 15 727 2028
5 Landscaping 390 6 65 2032
6 Water Tank 5000 20 250 2033
7 Intercom 2640 20 132 2033
8 Roof 50000 20 2500 2033
9 Irrigation System 1320 10 132 2033
10 Exterior Painting 23000 10 2300 2033
11 Gutters / Down-pipes 5300 25 212 2038
12 Landscaping 390 6 132 2038
13 Fencing 2625 25 105 2038
I have given alternatives such as a strata loan and that was rejected as well. The fact is that they have kept the levies very low for about 30 years and have not had a capital works plan at all! – even though it’s the law! I got that rectified and its very clear that levies needed to double and 60K still needs to be spent upgrading what should have been done 10 years ago. This weekend (and for the fourth time) I spent all day mopping up water ingress that frankly was like a “water feature” in my sunroom. My sympathy does not extend to owners who are self confessed mortgage free and living in a 1.6 million dollar apartment cannot “find” 60k to fix known issue that if ignored will result in even more expense if not addressed.
Thanks very informative but it does not mean anything if we do not have Fair Trading helping the Home owners in a building.
Could you please answer the following question: 2017 I needed the roof to be attended because the tenant on the other side of the building and me were having problems with water penetration and it was causing mould on our Lots in a building of 4 Lots..
The first NCAT member asked the strata manager who attended the meeting for expert advise. The Strata Manager failed to inform the Strata Manager that the tenant had complained to them about his daughter’s bedroom having mould.
We had AGM meeting and again the Strata Manager failed to inform two new owners or me about the tenant having problems. with mould. In the Strata Manager’s expert report I was the person who came as rude …
What does happen when the Strata Manager does not disclose the truth to the member on a NCAT hearing?
Our committee is aware of safety hazards and incidences have occurred but they refuse to spend money to fix these items. What can be done when the committee won’t spend on necessary maintenance?
Well some of that reply from Rod is quite entertaining.
“The first you should do would be write to the strata manager ..”
I find that a little strange because the agent is subordinate to the principal and the SC although an assistant to the OC (2EBR case) is still a higher authority than an agent.
That point has really got lost over the last 10 years as it seems common place for people to think agents run strata plans when in fact they are called an agent for a reason; because there is a principal and the principal is who is actually in charge.
Granted the agent may have been delegated the authority of the SC in the agreement and the SC may be window dressing purely to satisfy some of the sections of the Act but even in those cases it is only when the SC through inaction abrogate their power that agents wield that power and often in a non compliant way.
” If this gets voted down, apply to Fair Trading New South Wales for an application to mediation which now costs nothing. Include the history, the work health and safety report, the quotes, the AGM minutes the AGM agenda and what was discussed and what you want to achieve, which is: get this item fixed. I would be surprised if that wasn’t successful.”
What does successful mean here? It is mediation, a voluntary resolution mechanism that appears to be an avenue to disenfranchise owners and circumvent the meeting procedures and voting barriers in the Act if my experience is any gauge.
Success amounts to an agreement and the enforce-ability of that agreement goes to the heart of the argument that mediation being an avenue to disenfranchise owners and circumvent the meeting procedures and voting barriers in the Act. Some of the case law suggests you can completely disenfranchise the owners and circumvent the Act through mediation; personally I find those decisions to be bollocks but they exist so we have to play the hand we are deal by these clowns.
Never ever attend mediation, there is something chronically wrong with the way some NCAT members view agreements. Even though in theory (s 223 SSM Act) an agreement is not admissible to the Tribunal some members do not care for that section and happily look at an agreement in their considering a matter.
If you do attend never ever, under any circumstances, sign any agreement. That is just too dangerous given the chocolate wheel nature of NCAT.
A trip hazard would be a s 106 matter and under s 106 (5) you are potentially going to get sued for foreseeable losses. It is hazard you know about, hazards you know about mean an incident is foreseeable and failing to address it is just not on or your ride the ‘risk roundabout’ and hope nobody falls off.
Too many softies in the industry at the moment with empty, nice guy, poor solutions.
What to do?
Go to NCAT, you will need to apply for mediation first, and seek to have the committee removed for failing to follow the Act – section 238 2(a). Claim the OC (i.e the SC members as a collective) failed the mandatory obligation to maintain and repair and by doing so exposed all owners to potential litigation for foreseeable losses under s 106 (5) in the event the hazard caused harm or loss. Any SC member doing that is not fit to hold a position and does not act in good faith.
You really do not want that type of person on your committee.
Play hard ball and seek an ancillary order that the OC immediately remedy the hazard.
A little aggressive; yes. But much better than being the next Seiwa.
Owners of our building of 20 lots have been asked to repair the two rooftop-terrace areas including new membranes and are asked to pay a special levy of about $300,000. Hitherto our owners corporation has paid for any repairs to these areas but I enquired recently to the NSW Land Registry Services and they advised me that both rooftop-terrace areas form part of the two rooftop-terrace lots and their owners were responsible for maintenance and repairs to the rooftop terrace areas up to a height of 2.5 metres above the concrete floor and anything fixed to the concrete floor e.g. tiling. Should these two unit owners contribute to the repairs. to the areas that they are responsible for?
I am in a Strata complex of three, a duplex and a stand alone (mine). We have a very small lawn area of slow growing grass and a border of small bush imbedded in mulsh. Recently, we changed Strata managers. The previous never responded to the request of front yard maintenance.
We all occupied the premises in July 2017. In December 17 I organised the lawn cutting company from the neiighbour to take care of our small garden bed, about 10 sqm at a rate of $20 per service. I paid and was reimbursed. However, from April 2018 I went overseas for an extended time and asked the Strata manager to pay the company on invoice directly.
One service was carried out and only paid in April 2019 after my numerous request to the Strata manager.
In December 2018 I asked a neighbour to cut the grass in exchange for a six-pack and thereafter a relative of one other unit cut the grass.
In May 2019 we changed Strata mangers, chosen by the parties sharing the duplex, which seem to have formed a self-proclaimed committee. We don’t have selected a committee officially, regarding it not necessary.
Communication among the owners is very poor. One owner lives in Sydney and has a tenant in his unit.
Our front yard is now overgrown with weeds, and the slow growing grass overgrown with fast growing clover.
I was not in agreement with the chosen Strata manager and had been in contact with another local one, which was rejected by the other two parties. This manager would have arranged a meeting at our premises at a convenient time for everybody. In the contract of the chosen manager it states that he will never come to our property.
The untidy front yard devalues our otherwise pleasant structures.
What is the solution? We will have an AGM in August.
Hi Petra
We’ve received the following from Karina Heinz:
It is best practice to have a committee and given the scheme is only 3 lots, it is probably ideal to have a rep from each lot on it. If someone doesn’t wish to that is fine too.
The bottom line is, there needs to be a clear manner of issuing instructions to the manager and the committee is the party to do this, not individuals.
This info on Fair Trading’s website is a good summary and guide: Strata committees