Can the committee introduce a by-law stating that all tap ware in the lots must be of a certain standard and star rating?
Our body corporate has shared water meters. Some units in our 8 lot scheme have been renovated since the build in 1970 and we’d like to arrange a plumbing audit on lots. Can the committee introduce a by-law stating that all tap ware in the lots must be of a certain standard and star rating?
The body corporate can inspect lots to assess whether the tap ware is of good condition – but cannot require owners to upgrade or improve better tap ware.
Maintenance obligations and standards are set out in the legislation and the by-laws cannot increase the standard imposed on owners. Any by-law that seeks to impose a higher standard would be contrary to section 180(1) of the BCCMA.
Relevantly, section 211(3) of the Standard Module provides:
The owner of a lot included in the scheme must maintain the lot in good condition.
Adjudicators have held that "good condition" does not mean current standards or a minimum star rating. It means that it is serving its purpose and not in disrepair.
The body corporate can inspect lots to assess whether the tap ware is of good condition – but cannot require owners to upgrade or improve better tap ware.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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