This guide to the ACT Unit Titles Legislation Amendment Act 2020.
Table of Contents:
Question: Are there specific guidelines for the preparation of maintenance plans and the undertaking of safety audits by strata managers?
Can you please provide any guidance on whether there are specific guidelines for the preparation of maintenance plans and the undertaking of safety audits by strata managers?
Furthermore, is it necessary to engage professionals to undertake the work and preparation of the assessments? This matter relates to a small unit complex of 28 units, all at ground level.
Answer: From 1 November 2020, and after their second AGM, an owners corporation must prepare a maintenance plan, taking into account the developer’s maintenance schedule (if any)
Unit Titles (Management) Act 2011 A2011-41 Republication No 13 Effective: 1 November 2020
The requirement is designed to help clarify what is required to maintain the items used to create a scheme as per the products warranty to remain fit for purpose. From 1 November 2020, and after their second AGM, an owners corporation must prepare a maintenance plan, taking into account the developer’s maintenance schedule (if any) (s24 (1A and 1B), s25, s168, s3.4(c) Sch3, Reg4A and 4B). The plan must include the matters prescribed by the regulations. A plan for the maintenance and inspection of systems, equipment, structures and other things on the common property if the maintenance and inspection is reasonably required to avoid future damage to, or failure of, the thing including (if present) the following:
Exterior walls, guttering, downpipes and roof; pools and surrounds, pool fencing and gates; air conditioning, heating and ventilation systems; lifts; fire protection equipment including sprinkler systems, fire alarms and smoke detectors; security access systems; electric vehicle charging stations and associated infrastructure; embedded networks and micro-grids; solar panels and associated equipment and any other sustainability infrastructure; as provided by the developer or as reasonably available — the warranties for systems, equipment or other things mentioned in the plan; and any manuals or statement of maintenance requirements provided by the manufacturer of the system, equipment or other things mentioned in the plan; and the name and contact details of the manufacturer and installer of the system, equipment or other things mentioned in the plan.
For new schemes registered from the 1 July 2021, a developer must prepare a schedule for common property maintenance (s24(1A and 1B), s25, s168, s3.4(c) Sch3, Reg4A and 4B UTMR) and moving forwards developers will no longer be able to vote on any motion at an owners corporation meeting with respect to defective building work. The changes are designed to protect us all from building defects when buying a new Units Titles scheme in the A.C.T. It also puts the unit owners on notice in that they “must” maintain the common property assets as per the maintenance plan. Otherwise any grievances that may arise might not be dealt with by the developer. This should result in a fairer system for all.
In Summary: Whilst it may be possible for the committee to prepare a maintenance plan for a simple scheme, they would do so at their own peril. If the maintenance plan was proved to be inaccurate the author would be held liable. Add to this that they wouldn’t have the insurances that a professional report writing firm must have in place. The person/s would have to pay costs which far outweighs the cost of paying for a professional to do the maintenance plan.
Same applies in principle to a Safety audit. If an incident were to occur due to a common property hazard, the author of the safety report would be pulled into a lawsuit as they inspected the common areas and made comments. So whilst it is highly recommended that strata schemes get regular Safety inspections, it is best to hire a correctly insured and suitably qualified independent inspection firm. If an injury were to occur due to an issue or hazard located on common property, they would be included in any lawsuit.
Peter Berney
Solutions in Engineering
E: [email protected]
P: 1300 136 036
This post appears in Strata News #483.
Have a question about the ACT Unit Titles Legislation Amendment Act 2020 or something to add to the article? Leave a comment below.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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Thank you for the summary of the changes to UTMA 2011
Please could you include a link to the legislation changes or email to me pleae