This article discusses reimbursement for common property work, explaining that owners usually can’t recover costs for maintenance done without prior owners corporation approval.
Question: In our small strata scheme I am the only owner who wishes to maintain the lawn and edges. As the lawn was very long I organised and paid $400 for mowing. Some owners refuse to reimburse me. How do I reclaim the money?
Answer: Because you went ahead and maintained the common property without the approval, it will be difficult to claim reimbursement.
Unfortunately, Section 111 of the Strata Schemes Management Act, 2015 (NSW)(“SSMA”) states (emphasis added):
111 Work by owners of lots affecting common property
An owner of a lot in a strata scheme must not carry out work on the common property unless the owner is authorised to do so—
- under this Part, or
- under a by-law made under this Part or a common property rights by-law, or
- by an approval of the owners corporation given by special resolution or in any other manner authorised by the by-laws.
Because you went ahead and maintained the common property (albeit in everyone’s benefit) without the proper approval, it will be difficult to claim reimbursement (unless they wish to do so as a goodwill gesture).
Should you wish to have proper repairs and maintenance done, you have rights under the SSMA to compel the owners corporation to comply with its strict and fundamental repair and maintenance function and duty.
This post appears in Strata News #636.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440