Strata, owners corporation, and body corporate schemes are essential to the Australian property landscape, particularly in urban areas, where apartment complexes and multi-residential buildings are common. A key part of this community living style involves sharing common spaces, such as gardens, passages, walls, pathways, driveways, stairs, lifts, foyers, and fences.
Every owner has shared responsibilities for maintaining these areas. Generally, the owners corporation or body corporate has a legal duty to manage and keep the common areas in good condition. On the other hand, owners contribute through levies to help fund these tasks.
When it comes to maintaining common areas, it is important to understand how to carefully plan and facilitate ongoing and unexpected work for your building. This helps avoid costly future repairs and improves the property’s safety, functionality, aesthetic appeal, and value.
The owners corporation or body corporate has a shared responsibility and ownership over common property areas. This encompasses parts of the land, buildings, and airspace, which can include the building structure and associated equipment, such as gardens, passages, walls, pathways, driveways, lifts, foyers, and fences.
However, determining whether a location is considered private property (within individual lots) or common property (shared areas) can be complex, as property and state laws may vary.
Below is a guide on what you should refer to when identifying common property within your strata, owners corporation, or body corporate.
To identify the boundaries that separate lots and common property, it is best to refer to the registered strata plan or by-laws. This document can usually be obtained through the strata manager or secretary. Otherwise, a copy can be purchased from the Land Registry Services.
Furthermore, although not legal advice, the NSW Land Registry Services can assist in interpreting strata plans. For strata schemes that do not clearly define common property, the owners corporation can also adopt a common property memorandum provided by the NSW Government as a guideline by special resolution.
Information on the scheme’s registered subdivision plan can also be found in the property’s records, and helps show how the boundaries are set up to determine what areas are private or shared.
Owners can request a copy of their community management statement and/or building unit plan from the committee. Otherwise, the body corporate manager can also provide this and advise which format plan the property falls under.
In Victoria, all owners corporations have a subdivision plan registered with Land Use Victoria under the Subdivision Act 1988. This document can help outline the boundaries that fall under common property, including parts of the land, buildings, and airspace that are not defined as lots, roads, or reserves.
There are available resources to help interpret these property boundaries within a subdivision plan. However, it is always best practice to consult a certified, licensed surveyor for further clarity. Furthermore, a well-prepared maintenance plan that correctly identifies common property areas and assets can help owners corporation understand its responsibilities.
In the Northern Territory, land is divided into individual lots and common property through the unit plan registered with the Land Titles Office.
This information could help outline areas the owners are responsible for vs common property responsibilities that fall under the body corporate, including stairways, passages, driveways, swimming pool areas, communal gardens, and the car park. Searches can be done through the Northern Territory (NT) Land Titles Offices to get key details on the registered land titles.
Tasmania divides strata property into individual lots and common property under the Strata Titles Act 1988. To understand these boundaries and their associated repair responsibilities, lot owners or committee members should obtain a copy of the strata plan. This document can be acquired from the strata manager and Land Titles Office or found online on the LIST website.
Furthermore, body corporates can create by-laws passed by ordinary resolutions that delegate owners with exclusive use and responsibility for specific common property spaces. The common property folio of the Register will help provide information on what by-laws apply to the strata property.
Learn more about the differences between common property vs lot owner repairs and maintenance in an owners corporation or body corporate property.
Each Australian state is governed by strata, owners corporation, and body corporate legislation, which outlines the maintenance responsibilities of owners and committees. These legal obligations ensure the safety and well-being of all residents and help maintain the property’s long-term value.
Owners corporation or body corporate maintenance activities may vary from state to state. Furthermore, what is considered a common property can be different for each scheme. To determine the areas that the owners corporation or body corporate is responsible for, it is important to first review:
When it comes to maintaining common property, in New South Wales, Victoria, Northern Territory, and Tasmania, the body corporate or owners corporation is generally responsible for the following tasks:
However, in Queensland, the responsibilities and requirements of maintenance differ between standard format plans and building format plans. Both the body corporate and owners may, at times, be responsible for maintaining common property. Learn more about the specific maintenance requirements for these plans below:
The Strata Schemes Management Act 2015 outlines the following owners corporation responsibilities related to common property maintenance:
The owners corporation is responsible for maintaining the common property in good condition. This includes carrying out repairs and replacing any fixtures and equipment that ensure the safety, security, and functionality of the building.
This section requires the owners corporation to prepare a plan of anticipated significant expenditure to be met from the capital works fund over a 10-year period and reviewed every five years. A copy can be found in the latest AGM documents or sourced through the secretary or strata manager.
The owners corporation must make the 10-year capital works plan available for inspection by a prospective buyer on the Section 184 Certificates. This should include information on specific levy contributions and proposals relating to the 10-year capital works fund plan.
In Queensland, the Building Units and Group Titles Act 1980 (BUGT Act) and Body Corporate and Community Management Act 1997 (BCCM Act) outline the following maintenance obligations of the body corporate:
The Body Corporate is responsible for maintaining common property, including the exterior of the building, lifts, plumbing systems, shared gardens, and pools. Maintenance obligations are meant to preserve the property’s value and prevent hazards.
However, the responsibilities and requirements of maintenance differ across standard format plans (formally known as group title plans) and building format plans. Click the links below to learn more about these plans’ specific requirements.
This section requires the owners corporation to prepare a plan and budget for anticipated major expenditures to be met from the sinking fund over a 10-year period. This should include capital expenditures such as painting buildings or replacing large items like boundary fences.
Victoria’s Owners Corporations Act 2006 outlines the following maintenance obligations of the body corporate:
The owners corporation is responsible for repairing and maintaining:
Under section 26 of the Act, only prescribed owners corporations with more than 100 lots, or raising over $200k in levy fees, must have a maintenance plan.
In Victoria, the owners corporation must include details of additional maintenance work not budgeted or approved in the information certificate provided to prospective buyers.
In the Northern Territory, the Unit Titles Act 1975 outlines the following maintenance obligations for body corporates:
The body corporate has a general duty to maintain the common property in good condition and replace or repair fixtures and fittings such as pipes, wires, cables, ducts, and equipment.
The Strata Titles Act 1998 in Tasmania outlines the maintenance responsibilities of the Owners Corporation.
Section 81 requires body corporates to maintain common property, including ensuring the safety and functionality of the shared areas. This includes addressing necessary repairs to communal amenities like parking lots, roofs, and staircases.
The Tasmanian legislation does not require a body corporate to have a maintenance schedule. However, developing one to help plan for future work and avoid costly repairs is always best practice.
Effective maintenance planning involves understanding the various types of work and tasks that need to be carried out to keep common property in good condition. These can be broadly divided into the following categories:
This maintenance involves regular daily tasks to prevent issues and keep the property in good working order. These tasks typically include:
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Cleaning of common areas |
Scheduled maintenance |
Waste management |
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Regular cleaning of common areas such as hallways, staircases, lifts, and shared amenities. |
Planned activities such as landscaping, changing light bulbs, and annual lift servicing. |
Ensuring waste is properly collected and removed from communal areas on a regular basis. |
This type of maintenance refers to work carried out when issues arise unexpectedly. These repairs are urgent and should be addressed promptly to avoid health, safety, and security risks. This might include:
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Plumbing and electrical repairs |
Emergency repairs |
Security systems maintenance |
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Fixing leaks, electrical faults, or malfunctioning lighting in common areas. |
Addressing issues like burst pipes, flooding, or broken windows that require immediate attention. |
Repairing faulty security systems, such as cameras, intercoms, and locks. |
This type of maintenance is designed to avoid larger issues by addressing minor problems before they become serious. These tasks help prevent major capital items from failing or falling into disrepair. This may include:
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Heating, ventilation, and air conditioning |
Elevator maintenance |
Fire safety inspections |
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Regular servicing of air conditioning and heating systems in shared areas. |
Routine checks on elevators, ensuring that they are safe and operational. |
Regular inspection of fire alarms, extinguishers, and emergency exits to comply with fire safety regulations. |
Major repairs or upgrades are typically planned for capital works projects that involve more significant issues or improvements to the property. These might include:
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Roof repairs or replacement |
Structural repairs |
Major renovations |
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Addressing issues with the roof to prevent leaks and damage to the building. |
Repairing damage to the foundation or framework of the building, which could be caused by age or external factors like storms or earthquakes. |
Upgrading amenities like lobbies, pools, or gym facilities to improve the quality of life for residents.
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There is a difference between improvement and maintenance, and both types of building work must be dealt with differently.
It can be hard to distinguish between the two sometimes, but as a general rule, maintenance leaves the item largely unchanged or replaces an item that can’t be repaired.
On the other hand, improvement refers to additions or alterations that create a new item altogether.
A key part of common property maintenance is planning for the future. Therefore, committees should develop a long-term strategy for repairs and upgrades. This involves making informed decisions based on information from building condition reports, initial maintenance schedules, and historical data.
A capital works or sinking fund maintenance plan is a 10-year action guide of tasks needed to keep the common property in good condition. This includes everything from the paint and flooring in shared areas to servicing fire safety equipment and facilities.
This plan is essential to helping the committee prepare funds and schedule work required for repair and maintenance. It also may indicate whether a special levy will be needed to replenish the capital works, sinking, or maintenance funds.
A capital works, sinking, or maintenance fund is required to support future capital works or a sinking fund maintenance plan. This will include any levy contributions from owners, interest earned, and annual fees received under insurance policies for property damage.
The balance of the capital works fund is a key indicator of the financial health of a property. The downside of an inadequate balance is that essential repairs and replacements get neglected, which would then require a special levy on owners to pay for any major work.
Capital works and sinking fund expenditures can vary for each owners corporation and body corporate. Some of these repairs and replacements may occur frequently, but others may only need to be carried out at intervals of three, five, or ten years or more. Hence, detailed knowledge and a plan of a building and its state of repair are needed to accurately forecast the fund’s needs.
Much can change in a year. Trees may deteriorate, unexpected cracks may form, and shared facilities might show signs of general wear and tear. Therefore, it is a good idea to add a yearly review of your capital works plan, sinking fund, or maintenance plan by including a maintenance agenda item at every annual general meeting to discuss the building’s needs and determine upcoming expenditures.
Once the plan and budget are determined, an owners corporation or body corporate should develop a maintenance cycle to:
Good maintenance helps retain the value of the building and makes the property more enjoyable to live in.
Neglecting this responsibility can lead to severe damage and safety hazards.
As many people have access to common property, adequate maintenance and repair management are essential to ensure the safety of all residents. Furthermore, appropriate public liability insurance cover for the common property is also crucial, as accidents often result in significant claims and legal expenses.
However, maintenance disputes can arise between owners, tenants, and the owners corporation or body corporate. This can often stem from disagreements about responsibilities, the quality of work, or the distribution of costs. Here’s how to manage and resolve maintenance disputes.
When a dispute arises, communication is key. Engaging with the parties involved is essential to discuss the issue calmly and clearly. In many cases, mediation can help resolve issues without involving legal action.
Owners corporation, and body corporates can access guidance from strata managers or through government resources and mediation services below.
If initial dispute resolution efforts and mediation do not resolve the issue, the parties may take the dispute to a tribunal, such as:
An owner took legal action against an owners corporation for damage to the owner’s property caused by water penetration via a balcony (a common occurrence).
The court concluded that the balcony was common property and had not been adequately maintained, which could have more serious consequences, such as injury or death. Therefore, the lot owner had a cause of action in negligence against the owners corporation for damage to her lot.
While the owners corporation or body corporate is responsible for common property repairs and maintenance, strata managers can help complete these tasks more quickly and efficiently.
A strata manager’s most important role is coordinating repairs and maintenance. When things go wrong, they can arrange to have a qualified contractor visit your building as quickly as possible. They’ll also arrange routine repairs and maintenance for common property so your building is always in peak condition. Here is an overview of what strata managers can help with:
A strata manager can refer to your plan’s by-laws or building rules to determine who is responsible for specific areas or items within your building.
Offer services such as CommunitySelect to help source a compliant and qualified contractor for major and minor repairs, and provide 24/7 emergency maintenance services, including Community After Hours, to help guide and support common property issues.
The strata manager can act as a liaison, communicate with contractors on the requirements, and obtain quotes to present to the committee for consideration.
Most strata management companies can help pay invoices and store them on an electronic customer portal for the committee to access when needed.
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Fulfilling these duties protects the safety and well-being of all residents and helps improve the property’s long-term value.
Although public liability insurance covers incidents on common property, all owners are liable as tenants-in-common, so maintenance requirements should not be taken lightly. Understanding the legal obligations, types of maintenance, planning requirements, and how to handle disputes helps owners corporations and body corporates manage their properties effectively.
This article is edited by Lauren Shaw Regional General Manager and Licensee-in-Charge on May 2025.
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