Question: Can the owners corporation elect to not repair or maintain the common property?
I’ve been trying to get the owners corporation (OC) to carry out some repairs and maintenance to the common property for over two years. There is a reluctance to get it done. I get different excuses of why the OC can’t or won’t arrange the required repairs. Can the OC elect to not repair or maintain the common property?
Answer: By and large, the owners corporation has to fix it.
In general, the owners corporation can’t elect not to maintain and repair the common property. The owners corporation’s duty to repair the common property is compulsory, not optional. So, the owners corporation has to fix the problem unless one of four ways in which the owners corporation can avoid having to fix the common property or can defer its obligation to do so applies. Usually, none of those four ways will be relevant, and the answer to the question is, by and large, the owners corporation has to fix it.
Adrian Mueller JS Mueller & Co Lawyers E: adrianmueller@muellers.com.au P: 02 9562 1266