No discussions yet

Why don't you be the first to start a topic on this article?

You're welcome to make changes to any articles on LIS. Just click the pencil at the bottom of an article, and you'll get a web form that lets you change the contents. Hit Save page and your version is what's shown on the site (after approval of course). You can also create new section and articles! To add your thoughts or ask a question - click on "start a discussion" on the left (which is linked to the LIS forum).

Owners should understand their responsibility for maintaining certain parts of the scheme. The following table categorizes various responsibilities.

Area Responsibility for maintenance Legislation
Title (the area within a lot) for lots that are created by standard format plan Owners are responsible for all areas within the title boundaries to their lot  
Title (the area within a lot) for lots that are created by building format plan  Owners are responsible for all areas within the title boundaries to their lot, EXCEPT for items that are structural in nature, or part of the roofing, the body corporate is responsible for maintenance of these areas  Standard Module Section 109(2)
 Common property  Generally the body corporate is responsible for maintaining the common property in good condition, which means keeping it structurally sound  Standard Module Section 109(1)
 Exclusive-use common property  The by-law that grants an owner the exclusive-use of the common property should specify where the responsibility for repair and maintenance of that common property lies. If the by-law is silent on the matter then the responsibility lies with the lot owner who has exclusive use  
 Improvements to common property for the sole benefit of one owner  The owner who benefits from the improvement  
 General utility infrastructure  Body corporate  Standard Module Section 109(1)
 Utility infrastructure relating to utility service supply to one particular lot only  The owner receiving the utility service is responsible for keeping the utility infrastructure in good order and condition  Standard Module Section 109(3)(b)
 Railings, parapets, and balustrades that are precisely or practically on the boundary of the lot, for lots created by building format plan  The body corporate must maintain in good condition  Standard Module Section 109(2)(a)(i)
 Doors, windows and associated fillings (i.e. knobs and latches) situated in a boundary wall separating a lot from common property, for lots created by building format plan  The body corporate must maintain in good condition  Standard Module Section 109(2)(a)(ii)
 All roofing membranes protecting either lots or common property, regardless of whether the roof or membrane itself is common property for lots created by building format plan  The body corporate must maintain in good condition  Standard Module Section 109(2)(a)(iii)
Something to contribute? Click on the pencil. Last edited by an Administrator

The cost of the body corporate maintenance responsibilities will generally rest with the body corporate except where the need for maintenance is caused by a person, regardless of whether that person is a lot owner. In this situation the cost may be recovered against the person.

 

Something to contribute? Click on the pencil. Last edited by an Administrator