Repairs

Who is responsible?

Property in common areas must be repaired by the owners corporation, and anything within their lot is to be repaired by the owners. In some cases, it may be difficult to differentiate what is common property and what is one’s own lot. Below are some information provided by Fair Trading to help you understand who’s responsible:

(Below tables are in reference to Fair Trading  – http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Repairs_and_maintenance.page)

In most cases the following applies in a lot:

Part of the property	Who is responsible?
Ceiling	Owners corporation must repair anything in the ceiling However, there may be instances where the owner is liable if they have made improvements to the ceiling.
Walls	Owners corporation must repair anything in the boundary walls. The owner must repair all walls within the lot.
Carpets	The owner must repair and maintain carpets in the lot. The owners corporation repairs and maintains common property carpets, such as carpets in the hallways.
Light fittings	If it is recessed in the ceiling, it is the owners corporation’s responsibility. If it hangs into the lot, it is the owner’s responsibility.
Roller door of garage	Repairs to the boundary roller doors are owners corporation responsibility.
Balcony	Balconies are generally the responsibility of the owners corporation.

 

Common repairs:

Repair	Who is responsible?
Burst pipe in the bathroom	If it is in a boundary wall, the owners corporation is responsible. If it is in an internal wall it is the lot owner’s, unless the pipe services more than your lot, in which case it is owners corporation responsibility.
The water from the shower is not draining away	Plumbing under the floor is the responsibility of owners corporation.
The shower head is not working properly	It is the lot owner’s responsibility.
The kitchen sink was broken and has caused water damage in both my unit and my neighbour’s unit	Problems with everything in the airspace of a bathroom or kitchen including baths, toilets, sinks and dishwashers are the owner’s responsibility. However the owners corporation’s building insurance may cover some of these fixtures for damage.
There is damp and mould in my unit	The owners corporation is responsible for water penetration problems coming in through external walls or the floor. The owner is responsible for the mould on their walls.
Electricity inside my unit has been cut off or not working	The supply of electricity is the owners corporation’s responsibility. However, any cabling within the unit’s internal walls that only services the individual lot, is the owner’s responsibility.
Water leaks onto my balcony from the unit above every time they water their plants	If the water is running off common property, the owners corporation is responsible. If it is caused by over watering by another owner or resident, that person is responsible.
Our balcony door is damaged and won’t close properly	This depends on when the scheme was registered. In older schemes, registered before 1 July 1974, the owner is responsible. In newer schemes, registered after that date, the owners corporation is responsible.
Window safety devices	The owners corporation is responsible for the installation and maintenance of window safety devices. However, the owners corporation can adopt a common property rights by-law which confers the right and obligation to install and maintain any locking or safety device to individual lot owners.