Transferring Responsibility for Repairs – Why?
- Owners corporation must repair all common property unless:
- Special resolution is passed not to repair specific item of property; or
- Common property rights by-law transfers responsibility for repair to owners
- A common property rights by-law can make owners responsible for repairing an item of common property.
Transferring Responsibility for Repairs – What Does it Cover?
- Useful to make owners responsible for repairing:
- Wet areas (e.g. bathroom waterproofing)
- Air-conditioners
- Balcony doors and windows
- Hot water services
- Unauthorised works
Transferring Responsibility for Repairs – The Pitfalls
- Every owner must provide written consent
- What happens if every owner does not consent?
- The by-law must be specific – it must identify the item of property to be repaired by owners
- A “catch all” description of “all unauthorised renovations” is insufficient
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Embed Adrian Mueller Partner + Senior Lawyer JS Mueller & Co Lawyers E. adrianmueller@muellers.com.au W. http://muellers.com.au/ P: 02 9562 1266 This article has been republished with permission from the author and first appeared on the JS Mueller & Co Website. Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance. Visit our Strata By-Laws and Legislation, Maintenance and Common Property OR NSW Strata Legislation After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.