When it comes to community living, the owners corporation or body corporate is usually responsible for maintaining common property. In contrast, property owners are generally obligated to preserve and manage their lot and the facilities within its boundaries. While this seems simple enough, issues often arise due to the complicated nature of the division of property and responsibility.
In New South Wales, Victoria, Northern Territory, and Tasmania, the lot owners are typically tasked with the upkeep of their private property, while the responsibility for maintaining common property lies with the owners corporation.
However, in Queensland, these requirements may vary slightly depending on the format plan your property falls under:
This survey plan usually applies to multi-story complexes (vertical developments) and sometimes townhouses. While the term ‘strata title’ is not used in Queensland, most building format plans are a subdivision in strata.
This survey plan is typically used for community title schemes such as a townhouse complex where each lot has a building and garden. The boundaries of lots are defined by the measurements shown on the survey plan and any marks put on the ground when the survey was done.
However, it’s important to note that defining what is private property versus shared areas can sometimes be complex. These definitions can also vary depending on state legislation, property by-laws, or building rules. For a true understanding of responsibilities, one must first determine what is considered private property and what counts as shared areas. This can usually be identified through your property’s subdivision or strata plan, which provides guidelines on the boundaries between common property and individual lots.
An owners corporation or body corporate is responsible for maintaining common property shared by all owners and residents. In New South Wales, Victoria, Northern Territory, and Tasmania, the responsibilities of the owners corporation or body corporate may include:
However, the body corporate of a building format plan in Queensland is responsible for the repairs and maintenance of the following:
On the other hand, the body corporate of a standard format plan in Queensland is responsible for the repairs and maintenance of the following:
In an owners corporation or body corporate, owners with exclusive use of a lot are usually responsible for repairing and maintaining their private property unless indicated otherwise by the by-law or building rule.
In general, lot owners across New South Wales, Victoria, Northern Territory, and Tasmania are typically tasked with the upkeep of their private property, which may include:
Similar to body corporate responsibilities, each lot owner’s repairs and maintenance duties in Queensland also vary slightly with each type of format plan. Lot owners in building format plan properties are responsible for the repairs and maintenance of the following:
Alternatively, lot owners in Queensland standard format plan properties are responsible for the repairs and maintenance of the following:
The pipes, ducts, cables, wires, sewers, drains, plant and equipment supply utilities such as water, electricity, telecommunications, drainage, and sewers are the responsibility of the body corporate if these are located on common property or it services more than one lot.
The lot owner is generally responsible for repairs and maintenance if the utility infrastructure is not part of the common property.
For example, a lot owner is required to handle any repairs or maintenance for pipes and wires connected to the air conditioning that services their lot. The corporate body would be responsible if the air conditioning system were part of a centralised system that serviced multiple lots.
However, the rules around repairs and maintenance responsibilities may vary depending on the format plan your property is under. This is why keeping an open line of communication with your body corporate, owners corporation, or strata manager and committee before beginning repairs and maintenance projects is important.
When it comes to caring for and protecting your strata property in NSW, our facilities management team at BFMS are the experts for the job. Known for their professionalism and personal service, our team offers everything from expert full and part-time building management to a range of other related repairs, maintenance, and management services. Or, download our FREE Community Living guide series on defects here. If you would like to learn more about Community Health & Safety and related services to ensure your protection, click here.
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