Question: I own a top floor unit. My ceiling has been damaged by water ingress due to a leaking roof. Who is responsible for the cost of repairing the ceiling?
Answer: The usual position is the Owners Corporation responsible for maintaining and repairing the common property.
The roof is common property. However, at times an owner may have an exclusive special by-law in place which may include the roof. I am unaware if you have this. I would review the by-laws first to ensure there are no special by-laws in place.
Otherwise, the usual position is the Owners Corporation responsible for maintaining and repairing the common property. That duty is set out in section 106 of the Strata Schemes Management Act 2015</em. The section provides “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.”
However, the above is qualified if the Owners Corporation has determined by special resolution that:
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- it is inappropriate to maintain, renew, replace or repair the property, and
- 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.
If this has happened, section 106 will not apply. Further in the event an Owners Corporation has taken action against a builder or developer, it may defer complying with its duty to maintain in a good and serviceable repair the common property until the completion of the action against the other party if the failure to carry out the repair does not affect the safety of the building, structure or common property in the strata scheme.
I would recommend at first instance notifying your strata manager who will then likely arrange an inspection with a consultant to determine what steps will be required to remediate the leak.
Pierrette Khoury
Khoury Lawyers
E: pierrette@khourylawyers.com.au
P: 0415 459 486

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