This article discusses whether a body corporate tap ware standards by-law can require upgrades.
Question: 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?
Answer: 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.
This post appears in the March 2024 edition of The QLD Strata Magazine.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753