Question: Irregular gutter cleaning has resulted in roof leaks and damage to my walls and ceiling. Who is responsible to carry out regular maintenance such as gutter cleaning?
My roof has been leaking ever since I moved in. This has caused damage to my walls and carpets. I clean the gutters that I can reach myself regularly, however, there are gutters that I cannot reach that have never been cleaned the entire time I have lived here and I believe this is causing the roof leak issue.
I have emailed my Strata manager many times about this and after many many months she replied with ‘I suggest you ask a roof plumber to inspect the leak, then look at roof replacement.’
I have since looked back through the strata records and found that professional gutter cleaning has been included on every AGM agenda, however, the issue has never been discussed at any meetings.
Who is responsible for roof inspections, gutter cleaning, etc to rectify the problem?
Answer: If the plan of subdivision states that the Roofing Areas are part of the common property, the owners corporation is responsible.
Your plan of subdivision will determine whether the owners corporation is responsible to pay for the roof, gutter cleaning and related works (Roofing Areas). If the plan of subdivision states that the Roofing Areas are part of the common property, the owners corporation is responsible to pay. On the other hand, if the plan of subdivision provides that the Roofing Areas are private property, the owners are responsible for the works.
Alternatively, if the owners corporation passed a special resolution to provide a service of Roof Areas cleaning (if these areas are private property) the owners corporation is responsible to pay for the works.
This post appears in Strata News #548.
Rochelle Castro
RC & Co Lawyers
E: law@rccolawyers.com
P: 1300 072 626
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