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NSW: Does neglected maintenance within a strata lot become the owner’s responsibility after a certain period?

Pierrette Khoury
NSW strata information

Question: Does neglected maintenance within a lot become the owner’s responsibility after a certain period?

We have a Strata Scheme that is over 28 years old. Around half of the 70 lots have not been renovated. At what point can the OC be removed from responsibility of “original” wet areas that have the major financial burden on the OC?

It does not seem reasonable to replace bathrooms at the cost to owners that have updated their lots at their own expense and be burdened by those who have not. Does neglected maintenance within a lot become the owner’s responsibility after a certain period?  Especially given that there is no way for the OC to review or maintain the “wet areas membrane” if it’s not looked after by a lot owner.

Answer: This will depend on the nature of the work required to be undertaken.

It would be good to know on what date the strata scheme was registered. You should also review the by laws that apply to this scheme.

Presently section 106 of the Strata Schemes Management Act 2015 is the guiding statutory basis for determining the Owners Corporation’s obligations in relation to common property.

This will depend the nature of the work required to be undertaken.

    1. An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
 
  1. An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
Section 106(3) does also provide that it is not applicable to a particular item of property if the owners corporation determines by special resolution that:
    1. it is inappropriate to maintain, renew, replace or repair the property, and
 
  1. its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.

The nature of this will need to satisfy the test in section 106(3) and if it does a resolution to that effect is required by the owners corporation at the meeting.

Pierrette Khoury Khoury Lawyers E: pierrette@khourylawyers.com.au P: 0415 459 486

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