Question: A leak in our ceiling was found to be due to our recent renovations. I’ve been charged $2000 for the repair work. Is strata able to authorise work to a lot before consulting the owner and then charge the owner for the work?
Strata arranged a plumber on two occasions to investigate and repair a plumbing leak in the bathroom ceiling of my apartment.
The plumber concluded, as the leak was caused by our recently completed renovation, I am responsible for the charges I have been billed around $2000 for this work.
While I have no concerns the repairs are my responsibility, I’m concerned about the amount charged. The plumber attended after hours for a non urgent repair. Is strata able to authorise work to a lot before consulting the owner and then charge the owner for the work?
Answer: There is a section in the Act that allows an owners corporation to do this.
There is a section in the NSW Strata Schemes Management Act 2015 (“the Act”) that allows an owners corporation to do this.
There are certain actions the owners corporation may take. One of those actions relates to work to rectify certain defects. Relevantly, section 119 of the Act provides:
Work to rectify certain defects
- An owners corporation for a strata scheme may carry out work that is necessary to rectify any of the following defects–
- any structural defect in any part of a building comprised in a lot in the scheme that affects or is likely to affect the support or shelter provided by that lot for another lot in the building or the common property,
- any defect in any pipe, wire, cable or duct that provides, or through which passes, any water, sewage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil or other service (including telephone, internet, radio or television services) within a lot.
- An owners corporation may carry out the work at its own expense if the cost of the work cannot be recovered from some other person.
There is a further power in accordance with section 122. That section relevantly provides power of owners corporation to enter property in order to carry out work.
Having not seen the by-laws, there is also the possibility there is a by-law in place that authorises the owners corporation to do this. I suggest this also be reviewed. At times a by-law can include a power of an owners corporation to charge an owner where access was not provided or refused for the purpose of an inspection or work being carried out.
Pierrette Khoury Khoury Lawyers E: pierrette@khourylawyers.com.au P: 0415 459 486