Can our body corporate shift responsibility for maintaining electric garage doors to individual lot owners? If so, would an exclusive use by-law be the right way to achieve this?
I live in a small complex of townhouses in Queensland, regulated under a building format plan. At the moment, the body corporate is responsible for maintaining the electric garage doors for each lot.
Some lot owners think it would be more efficient and economical if each owner were responsible for their own garage door. Can the body corporate shift the maintenance responsibility to the relevant owner by making the garage doors part of each lot’s exclusive use area? If so, what process does the body corporate need to follow?
This would require a resolution without dissent, with all affected lot owners consenting to the grant.
When common property is granted by way of exclusive use, the lot owner takes on some maintenance obligations over the area, along with any conditions of the grant.
Depending on how the lots were titled (i.e. the boundary of the lots in respect of the car park), there may be common property (such as the external face of the garage) that can be granted by exclusive use on the condition that the lot owner becomes responsible for the maintenance.
This would require a resolution without dissent, with all affected lot owners consenting to the grant.
Log in to your existing Lookupstrata Account to download the printable file.
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.
Lookupstrata Directory
Looking for QLD Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment