Question: Our body corporate is repairing roof panels. Who is responsible for removing and replacing lot owner improvement items such as solar panels and air conditioning units?
Our body corporate is carrying out required works on the common property. We are replacing roof sheets. There are lot owner improvements on the roof, such as solar panels and aircon units. These items are in good condition and have not contributed to the problem that the works are addressing. Who is responsible for the cost of removing and reinstating the solar panels and aircon units?
Answer: The body corporate is responsible.
The body corporate is responsible for removing and replacing the lot owner improvements in this circumstance (assuming that they have been properly approved in the past). In Esplanade [2014] QBCCMCmr 449, the adjudicator relevantly provided (our emphasis):
This then leads to questions about whether the body corporate is also responsible for restoring owner improvements damaged by replacement of the waterproofing membrane, whether owners gain a windfall if the body corporate replaces fixtures that are no longer in good condition, and whether owners should contribute to the extent their fixtures have exacerbated damage to the membrane?
The answer to this controversy is deceptively simple. Esplanade is a high rise building registered under a building format plan of subdivision. The body corporate is responsible for ensuring the roof of this building is waterproof. Specifically, the legislation requires the body corporate maintain roofing membranes in good condition (Standard Module, 159(2)(a)(iii)). To the extent the body corporate damages tiles or other fixtures in replacing a waterproofing membrane, the body corporate must subsequently rectify that damage.
This post appears in Strata News #648.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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