Question: Should the body corporate be accountable for regular upgrades to common property?
Our 18 strata title units have a large shared common property that is becoming very shabby. Some old play equipment on the common property has not been upgraded for nearly 30 years etc. This has made selling some units very difficult.
Should the body corporate be accountable for regular upgrades, say every 10 years? They are very resistant at present, even though there’s a large amount in the sinking fund and I’m wondering if this could be used?
Answer: A body corporate must maintain the common property in a good and structurally sound condition.
A body corporate must maintain the common property in a good and structurally sound condition. If that includes the play equipment, then that has to be kept up to date just the same as the gutters or the driveway. From description, repair costs would likely come from the sinking fund but ongoing maintenance would be an admin expense.
If the body corporate fails to do this then there are a number of serious liability issues. What will happen, for example, if the child injures themselves on a piece of unsafe equipment? Will your insurance cover you when you are not taking reasonable action to make the site safe? As a first step this matter should be reported to the insurer as they need to be advised on any risks at the site.
Committee members need to consider that they have a duty of care to all occupants at the site. Critically this includes ensuring that the site is safe. Committee members can be held personally liable if their decision making is deemed negligent. Your insurance should have Office Bearer’s Liability to help cover such an event, but it is not a 100 percent guarantee.
The other option here is that the play equipment should be removed. This would require approval at a general meeting, but if the equipment doesn’t provide any utility to owners it is not an unreasonable proposal. Perhaps there is a better use for the space that could enhance the value of the property. Instead of being a source of discontent among owners this could be an opportunity to do something positive for the scheme.
For individual owners, it’s worth remembering that you are entitled to an input in the running of your scheme. Decisions are made by the majority not by the few and you have the right to make proposals for either general meetings or Committee meetings. This could include upgrading or removing the play equipment. If you are concerned about the matter, you should discuss how to make a proposal with your body corporate manager, then attend the meeting and have a discussion. Ask other owners to get involved. If property prices are being affected then not taking action seems like a false economy.
This post appears in the April 2021 edition of The QLD Strata Magazine.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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