Maintenance

If you have reported a maintenance issue in writing and no action has been taken within a reasonable time, escalate as follows: 1. Send a written follow-up to the committee (not just the manager) requesting a written response by a specific date. 2. If still no action, apply to the Commissioner for Body Corporate and Community Management. You can request conciliation first, or apply directly for adjudication seeking an order that the body corporate carry out the repairs. 3. In genuine emergencies where safety is at risk and the committee cannot be reached quickly, some module regulations allow an owner to arrange emergency repairs and seek reimbursement from the body corporate — but this is a last resort and requires documented evidence of urgency. Always keep written records of every report and follow-up. This article is general information only and not legal advice.

The body corporate is responsible for maintaining common property in good condition. Common property includes all areas that are not part of an individual lot — typically: - Gardens, lawns, and landscaping - Driveways and car parks - Swimming pools and gymnasiums - External walls, roof, and gutters - Stairwells, corridors, and lifts - Shared plumbing and electrical infrastructure The cost of maintaining common property is funded through the administrative fund levy paid by all owners. If the body corporate fails to maintain common property to a reasonable standard, a lot owner can report the issue in writing and, if no action is taken, apply to the Commissioner for Body Corporate and Community Management for an order requiring the works to be carried out. This article is general information only and not legal advice.

No — not without the body corporate's approval. Improvements to common property (as opposed to routine maintenance) require a resolution passed at a general meeting — typically a special resolution. This is because common property is collectively owned and changes to it affect all owners. An improvement that benefits only one lot — such as installing a gate at a private courtyard entrance — may also require the creation of an exclusive use by-law, which requires a resolution without dissent. Carrying out unauthorised improvements to common property is a breach of your obligations and you may be required to restore the area to its original condition at your own expense. If you want to make an improvement, submit a written proposal to the committee explaining what you want to do, why, and who will bear the cost. The committee can then bring it to a general meeting. This article is general information only and not legal advice.

Water damage disputes between lots are among the most common body corporate issues. The key question is where the leak originated: **If the source is within another lot** (a burst pipe, overflowing bath, or leaking hot water system) — the lot owner whose lot caused the damage is responsible for repairs to the source and may be liable for damage caused to your lot. **If the source is common property** (a shared pipe, roof, or external wall) — the body corporate is responsible for the repair. Steps to take: 1. Notify the body corporate manager in writing immediately, with photographs and the date and time of discovery 2. The body corporate is obliged to investigate 3. Consider notifying your own insurer — building damage from water may be covered by the body corporate's building insurance policy regardless of the source This article is general information only and not legal advice.

A maintenance plan (sometimes called a maintenance schedule) sets out the routine and periodic maintenance tasks for the scheme's common property — along with an estimated timetable and cost. A typical maintenance plan covers: - Garden and grounds maintenance schedules - Pool and equipment servicing - Gutter and roof cleaning - Repainting cycles - Lift and mechanical plant servicing - Fire safety equipment inspections While a formal written maintenance plan is not mandatory for all schemes, having one is good practice. It helps the committee set accurate administrative fund budgets and ensures maintenance is not deferred or forgotten. Larger and more complex schemes — particularly high-rise buildings — especially benefit from a detailed maintenance plan prepared by a qualified building consultant. This article is general information only and not legal advice.

The lot boundary defines where your private ownership ends and common property begins. Understanding it is essential for resolving maintenance and renovation disputes. In most standard module schemes, the boundary is: - The inner surface of boundary walls (inner face of external walls) - The upper surface of floors - The under surface of ceilings Everything inside those surfaces — internal linings, plumbing within the lot, fixtures and fittings — is part of your lot and your responsibility to maintain. The exact boundary is defined by the registered scheme plan lodged with the Titles Registry. In some schemes (particularly older ones) the boundary definition may differ. Before undertaking any renovation or reporting a maintenance issue, check the scheme plan to confirm whether the affected area is inside your lot or on common property. This article is general information only and not legal advice.

As a lot owner, you are responsible for maintaining the inside of your lot and any fixtures and fittings within it. This includes: - Internal walls and ceilings - Flooring - Internal plumbing (taps, toilets, hot water systems) - Electrical fittings within the lot - Kitchen and bathroom fixtures and appliances - Air conditioning units serving only your lot The exact boundary between your lot and common property is defined in the scheme plan and community management statement. Maintenance obligations can sometimes overlap — for example, a pipe that services only your lot may be your responsibility even if it passes through a wall. If you are unsure whether a maintenance issue is your responsibility or the body corporate's, check the CMS or ask the body corporate manager. This article is general information only and not legal advice.