NSW Strata Management: Owners Corporation’s Duty

NSW Strata Management: Owners Corporation’s Duty to Maintain and Repair Common Property

This article on Owners Corporation’s Duty to Maintain and Repair Common Property has been supplied by Pierrette Khoury of Turnbull Bowles Lawyers.

An Owners Corporation has a statutory obligation to maintain and repair common property. This is particularised in section 62 of the Strata Schemes Management Act 1996 (“the Act”) which relevantly provides:

(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.

(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.

(3) This clause does not apply to a particular item of property if the owners corporation determines by special resolution that:

(a) it is inappropriate to maintain, renew, replace or repair the property, and

(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.

It is imperative the Owners Corporation is mindful of its obligations with regard to the legislation and ensures the common property is properly maintained and repaired. Failure to do so, can affect the amenity of the building and market value of the property in general. Further, a lot owner may commence proceedings against the Owners Corporation and its managing agent seeking:

1. Orders for the Owners Corporation to carry out the repair works.

2. Damages with regard to property damage as a result of the failure to maintain and repair.

3. Compulsory appointment of managing agent, under Section 162 of the Act.

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