Question: An external wall in our building has deteriorated, causing water ingress. Is the owners corporation responsible for maintaining and repairing common external walls?
The external walls and facade on one side of the units in our owners corporation have suffered from years of neglect and are now rotting and causing water ingress. The damage affects approximately 20% of lots due to the design of the complex. Different units have different levels of exposure (and different finishes) and likely slightly varying remediation/rectification requirements.
The owners corporation has been aware of the issue for years. Over the past two years, the committee argued that responsibility for managing repair and costs lies with individual lot owners. Is the owners corporation responsible for maintaining and repairing common external walls?
Answer: Whether the owners corporation is required to maintain and repair the external walls will depend on whether it is common property or private lot property.
Whether the owners corporation is required to maintain and repair the external walls will depend on whether it is common property or private lot property. If you are unsure you should obtain advice on the interpretation of the plan of subdivision. If the walls are common property, the owners corporation has the legal obligation under section 46 of the Owners Corporations Act 2006. The obligation lies with the lot owners if they are private lot property. Notwithstanding, the owners corporation may be liable under section 46. It will need to determine whether it should strike levies to pay for the works under the benefit principle or according to lot liability.
If the owners corporation refuses to maintain and repair common property, lot owners should consider changing the committee to a committee that will take action or, failing majority support, seek appropriate orders from VCAT.
This post appears in the May 2024 edition of The VIC Strata Magazine.
Phillip Leaman Tisher Liner FC Law E: ocenquiry@tlfc.com.au P: 03 8600 9370