These questions about common property maintenance and strata boundaries have been asked by WA lot owners.
Table of Contents:
- QUESTION: Our windows in our building have not been washed for 13 years. Apart from appealing to the CoO again, is there a formal process to follow to get this most basic maintenance carried out?
- QUESTION: Our garage door is 20+ years old and needs replacing. Who is responsible for this change-over? Is this a strata cost or up to the lot owner to repair?
- QUESTION: When I purchase a lot in survey strata plan, what part of the lot do I actually own?
- QUESTION: Our strata includes an older building that needs constant repair. All of the wooden window sills & other fittings are damaged beyond repair & need replacement. Is this Strata responsibility or the owners?
- QUESTION: We have recently had flyscreens on the external windows replaced by strata. We’re now wondering, is the strata also responsible for the external window cleaning?
- QUESTION: A lintel above a lot owner’s door needs to be replaced due to extensive damage that could have been averted if better maintained. When it comes to common property maintenance, does any of the responsibility for damage fall to the lot owner?
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Question: Our windows in our building have not been washed for 13 years. Apart from appealing to the CoO again, is there a formal process to follow to get this most basic maintenance carried out?
I live in a 9 storey apartment block. The windows in our building have not been washed since 2007 (13 years). We have had a water leak on the roof which has taken 10 years to repair and is still ongoing.
The argument of the majority of the Council of Owners is that we need to wait for the roof to be repaired before the windows are washed as they may become soiled when the repairs are undertaken (unlikely / marginal impact).
Not having been cleaned for 13 years the windows are now filthy, have become stained and I suspect are being eroded by the build up of water deposits and dirt. There are also cobwebs around the frames.
It has been suggested that the roof should be resolved by April 2021 and that it will then be appropriate to wash the windows. This of course is just before the rainy season so it would be pointless.
Is it unreasonable to expect that the windows be washed now so that we can have them clean for the summer months? Apart from appealing to the CoO again, is there a formal process to follow to get this most basic maintenance carried out?
Answer: Have your request included as an item of special business on the Agenda for the next AGM or EGM.
It would appear that the council has everything under control.
If the water leak from the roof is going to be resolved by April 2021 then it is what it is.
The only suggestion is to have your request included as an item of special business on the Agenda for the next AGM or EGM.
It would only be practical to wait for the roof to be fixed and then request a date when the windows could be cleaned. This would give the council time to source quotes and increase levies if required.
As a practical suggestion, it may be necessary to request that the windows be cleaned on an annual basis.
If the windows haven’t been cleaned for so long it may be necessary for them to be assessed for any further maintenance such as replacement of window seals.
Shane White
Strata Title Consult
E: [email protected]
This post appears in Strata News #427.
Question: Our garage door is 20+ years old and needs replacing. Who is responsible for this change-over? Is this a strata cost or up to the lot owner to repair?
Our garage door is 20+ years old.
We have just had the felt belt removed as it was in danger of catching in the motor teeth. Our maintenance people believe the door needs replacement within the next 6 months at around $2,500.
Who is responsible for this change-over? Can it be separated into the door/motor costs and the installation costs? Is this a strata cost or up to the lot owner top repair?
The property is over 20 years old. There are eight townhouses with common driveways back and front.
Answer: In order to determine this, the boundaries of the lots in your Strata Scheme must first be established.
In order to determine this the boundaries of the lots in your Strata Scheme must first be established. The boundaries will either be described on the floor plan contained within the Strata Plan or set under the ACT. The lot and any parts of the lot will be given both vertical and horizon boundaries to create cubic space.
Once these boundaries have been identified you will be able to work out who is responsible for the garage door. If the garage door forms part of the lot it will MOST LIKELY be the lot owners responsibility, if it is outside the lot and forms part of the common property it will MOST LIKELY be Strata Company responsibility.
I say most likely because there are occasions for variations to this for example:
- If there are any by-laws in place for your strata scheme that stipulate maintenance responsibility for the garage doors’.
- If the garage door forms part of an area of common property for which an exclusive use by-law applies; or
- If the garage door is an un-approved alteration to common property or the lot.
To be sure you may wish to consult with an industry professional to assist you in reading the Strata Plan and determining whose responsibility it is to maintain the garage door.
Luke Downie
Mark Hay Realty Group
E: [email protected]
P: 08 9225 7000
This post appears in Strata News #426.
Question: When I purchase a lot in survey strata plan, what part of the lot do I actually own?
When I purchase a lot in survey strata plan, what part of the lot do I actually own?
I have heard the part I own is the portion on which the dwelling sits and the rest is deemed common property. Is this true?
Answer: Everything contained within the Lot shown on a Survey-Strata Plan is yours.
Each Lot on a survey-strata plan is shown as a box with a number inside it being the Lot number. The Lot will be dimensioned and shows the total square metre area of the Lot.
Survey-Strata Plans don’t show buildings as opposed to a Strata Plan that does. Hence the name Survey-Strata Plan as the plan looks similar to a freehold survey plan.
Everything that is contained within the Lot shown on a Survey-Strata Plan is yours and together with that is the responsibility to maintain it at your own expense as if you owned a house Title.
In addition to the Lot that your own, you will also own a share in the common property which is shown on a Survey-Strata Plan as a separate Lot number prefixed by the letters “CP” indicating that it is a common property Lot.
You and any other owners will also be responsible for the maintenance of the CP Lot.
Shane White
Strata Title Consult
E: [email protected]
This post appears in the October 2020 edition of the WA Strata Magazine.
Question: Our strata includes an older building that needs constant repair. All of the wooden window sills & other fittings are damaged beyond repair & need replacement. Is this Strata responsibility or the owners?
Our units were built in 1975 & included in the contract is an old house that was built approx 1950 and needs constant repair. The outside of the house is common property. All of the wooden window sills & other fittings are damaged beyond repair & need replacement. Is this Strata responsibility or the owners?
Answer: If the complex is a 32a strata, the cost of external window cleaning would fall to the strata company
The age of the strata scheme and when it was registered has a lot of bearing on determining the boundaries of the buildings in the strata scheme.
If the scheme was registered prior to 1985 and is more than 5 Lots then it is most likely that all building maintenance is the responsibility of the strata company as the all the walls, roofs and floors will be common property.
Without seeing the Strata plan I am unable to give you a better answer.
Shane White
Strata Title Consult
E: [email protected]
Question: We have recently had flyscreens on the external windows replaced by strata. We’re now wondering, is the strata also responsible for the external window cleaning?
It is a 3 storey complex and we own the top floor.
We have recently had flyscreens on the external windows replaced by strata. We’re now wondering, is the strata responsible for external window cleaning?
We are unable to clean the external windows as they are too high and would have thought that the external window cleaning was to be carried out by strata and internal side would be our responsibility.
Am I within our rights to contact strata and request for the external window cleaning to be done?
Answer: If the complex is a 32a strata, the cost of external window cleaning would fall to the strata company
The responsibility for cleaning will depend on the type of strata, that is are the owners living in a 32a strata (in simple terms internal surface boundaries) or 32b (where the boundaries vary).
In most cases, in multi-story strata complexes, the strata is type 32a. Assuming that is the case, it would mean the windows, for example, are the property of the strata company and as such are the strata company’s responsibility to maintain, repair, replace and clean under section 35 of the Strata Titles Act 1985.
Gary Phillips
StrataGP
E: [email protected]
This post appears in Strata News #212.
Question: A lintel above a lot owner’s door needs to be replaced due to extensive damage that could have been averted if better maintained. When it comes to common property maintenance, does any of the responsibility for damage fall to the lot owner?
I am one of the owners in a strata complex of 10 and am one of the members of the council of owners. The property is in Western Australia. The townhouses were built in 1978.
One of the owners has a problem with the steel lintel above the 2m Sliding door that leads to the rear garden of their unit. The gardens and the courtyards are not part of the common property but are ‘owned’ by each unit. The common property includes the general area surrounding the units, the carports (which are exclusive use) and the visitors parking area and driveway (this also includes the security lights, retic of the verges and flower beds etc). The units are direct oceanfront with less than a single road width between the first unit and the beach.
The lintel in question is corroded and rusty and is beginning to flake. The owner wants it to be replaced. My gut feeling is that some responsibility for the common property maintenance must be taken by the owner for the lack of maintenance. In other words, had they, in the last 10 years which I understand was the last time the units were painted, repainted the lintel themselves, we wouldn’t have this problem and as such we can’t be held responsible for its repair. Would that be a reasonable premise?
Also, it has been suggested that the corporate body is responsible for the windows, doors, door frames and courtyard gates (many of which are in excess of 10 years old). What are the rules regarding this? I am assuming that the body corporate has a responsibility to repaint at some time. Is there a guideline, say every 5 years?
Answer: Without seeing the strata plan, based upon the details that you have provided within; it would appear that the lintels form part of the building which is common property and therefore the strata company’s responsibility to repair, maintain & renew as necessary.
Without seeing the strata plan, based upon the details that you have provided within; it would appear that the lintels form part of the building which is common property and therefore the strata company’s responsibility to repair, maintain & renew as necessary.
Unless written/defined within your strata bylaws/management statement there is no timeline imposed to complete necessary maintenance. It is deemed however that the maintenance is carried out on a routine basis and/or when necessary so as not to cause a burden or nuisance, financial or otherwise to owner or residents.
I can understand your comments regarding the requirement of the owner to repaint the lintel and have spoken with a Building contractor who has fulfilled work orders for many of our strata companies over the last 8 or so years and also does a considerable amount of major building repairs for the main Strata Company Insurers here in Perth. The builder commented that Lintels are galvanised dipped, they have a coating and should not rust. They do however break down over a long period of time or can deteriorate earlier due to water ingress etc. caused by other methods of entry. This, based upon the description of your strata could be a common property maintenance item.
In all respects, it would be suggested that the strata company employ a suitably qualified and licensed builder who is familiar with strata to attend and review/report and quote to repair this item and the cause of the damage and then remediate asap.
This post appears in Strata News #175.
Elizabeth Florence
Abode Strata
P: 08 9368 2221
E: [email protected]
Have a question about common property maintenance or something to add to the article? Leave a comment below.
This information is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Please note that parts of this post were provided prior to the proclamation of the new strata title amendments.
Read next:
- WA: Q&A Australian child window safety
- WA: Reforms to WA Strata Legislation – As a Lot Owner, Should I Care?
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My Over 55 W.A. strata title Chair person says I do not own the outside brick work, only the internal , of my
double brick unit therefore cannot attach hose reels , safety hand rails etc . The exterior brick work is common
ground brick work . No plans I have say this . What is correct ?
The following response has been provided by Shane White, Strata Title Consultant:
Dear Kenneth
It is not possible to determine the boundaries of your strata plan without first seeing a copy of it.
The strata plan will determine where the boundaries are and who is responsible for maintaining the building and / or common property.
If it is important and necessary to you to be able to attach a hose reel and/or hand rails then you don’t have to let what is but chairperson-said stymie you from having them if your being informed that you can’t attach them can be interpreted as being “unreasonable” by the State Administrative Tribunal in your state/terrritory.
In the case of a fire ever taking hold [not hold of a hand rail ;^) ], a handy hose at the ready on an attached hose reel and hand rails for anyone who is infirm are never considered as being ‘unreasonable’ in a court of law (especially in a coroner’s court) or tribunal where the risk of injury to life and limb is at stake. Your local fire brigade officer and your doctor may be able to provide advice to your executive committee by promptly putting it on what appears likely necessary notice.
Question: I own a unit in a 40 unit strata scheme (in Western Australia) built in 2006 in which I have never lived. It has been tenanted and managed by the same company which also owns the Strata Management company and the unit is now vacant. I wish to sell the unit but have discovered that my unit’s covered courtyard floods with stormwater runoff from a large raised common garden area directly opposite my unit’s courtyard gate. There is no drainage from the common area at the foot of a 7 metre concrete wheelchair slope nor the 3step access to the same area, an obvious building fault since construction. The current property manager stated that tenants never complained but she did wonder where the huge water staining in my courtyard came from. I have reported this problem as urgent to the Strata manager (with photos of rainwater pooled in the courtyard) who said she would refer the matter to the Council of Owners. She also sent out a plumber to see if my courtyard drain was blocked, It wasn’t. It just couldn’t cope with the volume of rainwater entering the courtyard under my gate and anyway my private courtyard should not be the drainage for a common area. What can I do?
Hi Sandra
This article should assist:
WA: Q&A Steps to Take When Dealing With Defects From Water Leaks
All the best resolving the matter
I own & reside in my lot. My gas meter was recently replaced in accordance with the ATCO Gas Meter Replacement Programme. The ATCO technician detected a leak between the meter and my home, requiring me to contact & employ the services of my plumber/registered gas fitter before gas could lawfully be re-connected. Following a few hours of investigation the leak was roughly pinpointed, a section of the pipe (located in the external wall brick cavity) bypassed in my ceiling cavity, and the gas leak problem resolved. My gas was then re-connected, to the tune of $1000. Is this repair the financial responsibility of my strata?
We received a comment on this post via email:
MT
There is also a responsibility for common sense reporting to the strata company of any maintenance items that arise in areas where access is limited. The new legislation will require maintenance plans so, particularly with strata complexes where salt-laden winds are anticipated, lintel treatment should be automatically included.
Have a look at the strata plan – if it states the boundary of the lots extends to the EXTERNAL portion of the building then the lintel is clearly an owner responsibility, otherwise it may be open to interpretation.
Plus, unless not open to interpretation, exclusive use of external areas adjacent to the building marked on the plan does not mean the building becomes part of the lot. It is a confusing area for owners (& strata managers) and will become increasingly so as legislation changes yet again and new forms of ownership are introduced.
It would be wonderful to have each strata plan endorsed with the extent of responsibility clearly stated… maybe next time the legislation is amended… As one of the particularly experienced and competent strata consultants in WA has mentioned… when the legislation changed in 1985, we start planning for the next change… 1969 to 1985 to 2019… we’ll be waiting a while yet!