Question: In our three lot strata, I am the only owner who conducts a yearly termite inspection. Other owners are not interested, even for common property inspections. What does the legislation say?
I own a lot in a three lot strata complex. Every owner is responsible for maintaining their lot, including the roof, outside walls and fences.
I have a termite inspection every year on my lot, but the other owners are not interested. They reject pest management on common property, consisting of the driveway, access to the garages, and two small garden beds.
Each year, a motion is on the AGM agenda but is always declined by the majority. What is the legal situation?
Answer: If your termite inspections are precautionary and no activity is noted, I don’t believe the owners corporation needs to take action.
Your by-laws may refer to pest inspections and treatments. Otherwise, based on the information provided, it appears the majority of the property on the parcel is “lot owner” property. This means that the owners corporation is only legally responsible for maintaining (including pest treatment) the remaining common property areas, which are the driveway, garage access, and the two garden beds.
Legislation applying to NSW strata schemes imposes an absolute and strict obligation on the owners corporation to maintain and repair common property but pre-emptive pest treatments are not specifically mentioned, so I don’t believe there is any requirement on the owners corporation to have termite inspections carried out UNLESS there is evidence of termites present. However, as best practice, the owners corporations should regularly inspect and treat for all types of pests as part of its management of the common property.
If there is evidence of termite activity on the site, the owners corporation is responsible for managing the identification and treatment process. Termites can move quickly across sites and do not discriminate between lots.
So, if your personal termite inspections are only precautionary and no activity is noted, I don’t believe the owners corporation will need to take action. If there is evidence of termite activity, the owners corporation should manage the process to ensure no further damage to the common property or financial losses are incurred by lot owners due to inaction.
This post appears in Strata News #694.
Edward Baker Responsive Strata E: edward.baker@responsivestrata.com.au P: 0493 970 875