This article discusses strata roof gutter maintenance responsibility and how the strata plan decides who must fix drainage issues.
Question: At my strata complex, the eaves on my roof near the back patio fill with water after rain. This seems to be due to poor guttering and a lack of downpipes. Who is responsible for this maintenance?
Answer: The boundaries of your lot are defined on the Strata Plan document.
Strata Plans have various boundaries depending on the plan, and the notations on that plan that were lodged at Landgate. All Strata Plans are different.
The boundaries of the lot are defined on the page where your lot is located on the Strata Plan document.
In some Strata Schemes, as a lot proprietor, you may have only purchased the cubic space within the structure of your lot. In these instances the Strata Company is responsible for the repair/maintenance and replacement of the “structure” such as doors, windows, roof, gutters, downpipes.
Other Strata Schemes, defined as Survey Strata Schemes, as the lot proprietor you own everything to the boundaries of the lots which includes the buildings, and the land areas to the fencing boundary.
Further to the Strata Plan, the bylaws may also provide for some definition in relation to the responsibility for certain items within the scheme.
In many instances patios/pergolas may have been installed to a unit and this may have been undertaken by the individual lot proprietor, and without any approval being sought from the Strata Company. In these cases, the responsibility for the issues around water run off on that rear section may be referred back to the owner.
Initially you could refer this to your Strata Manager requesting their assistance, asking if the area is common property and whether the Strata Company will carry out the repairs.
The answer lies within the Strata Plan document and unfortunately, this question cannot be answered without viewing that document.
This post appears in the November 2021 edition of The WA Strata Magazine.
Shelley Fitzgerald
Emerson Raine
E: shelley@emersonraine.com.au
P: 9330 3959
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