QLD: Who is responsible for gutter and roof cleaning in Queensland strata schemes?

Question: Who is responsible in QLD for cleaning gutters and roofs?

1. Who is responsible in QLD for cleaning gutters and roofs? Is this the responsibility of the lot owner or the body corporate?


2. If blocked gutters are the cause of internal ceiling or wall damage, is strata management responsible for this?

Answer: The responsible party depends on whether the lots in the scheme are created in a standard format plan or building format plan.

1. The responsible party depends on whether the lots in the scheme are created in a standard format plan or building format plan. If the lots are created in a standard format plan – the responsibility will ordinarily lie with the lot owner. If the lots are created in a building format plan – the responsibility will ordinarily lie with the body corporate (unless the gutter only services one lot and forms part of a device).


2. Strata management won’t be responsible but the body corporate will be if it can be proven that:
   
   1. The body corporate had a maintenance obligation and failed to discharge that duty; and
   
   
   2. The cause of the damage was directly attributable to the maintenance failure.

This post appears in Strata News #500.

Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753