Our complex is a building format plant. Would the fire door that is contained wholly within the lot be a lot owner's responsibility to maintain and repair?
Our complex is a building format plant. Most of the apartments gain access via a gate leading into a private entry foyer with a fire rated door as the secure entry to each lot.
On the CMS plan, the entry foyer area is clearly shown as part of the lot, so that the gate and external foyer wall are the shared boundary between the lot and the common property.
Would the fire door that is contained wholly within the lot be a lot owner's responsibility to maintain and repair?
Yes. A lot owner must maintain their lot.
Yes. A lot owner must maintain their lot; s211 Standard Module.
If the lot is created under a building format plan, then the body corporate must maintain parts of the lot, which are not common property, if they fulfil what Adjudicators have called a ‘whole of building’ function, such as waterproof membranes, foundation structures etc and which are detailed in s180(2) Standard Module. A fire door inside the lot, and not a common boundary, does not, in my view, fall into the categories in that section (despite it fulfilling a ‘whole of building’ function – being to slow the progress of fire!).
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Michael Kleinschmidt has specialized in strata law for over 20 years. During this time, he has served all of the peak stakeholder groups: Australian College of Strata Lawyers – Fellow and Council Member, Australian Resident Accommodation Managers Association (Qld) - Legal Panel Member, Strata Community Australia (Qld) - inaugural Legislative Committee Chairperson and past Professional Standards Committee member, Commissioner for Body Corporate and Community Management (Queensland) Stakeholders’ Group – ACSL representative, Attorney General’s Community Titles Legislation Working Group - ACSL representative. Across his years of practice, Michael has acted for almost all of the different stakeholder groups (occupiers, owners, bodies corporate, management rights’ operators, banks, body corporate managers, property developers and utilities providers) in almost every conceivable strata matter type ranging from structuring duplexes to 400-lot island resorts, litigating leaking roofs before departmental adjudicators through to appealing novel points of strata law to the Queensland Court of Appeal.
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