This factsheet for number 5 of the Top 5 Useful Bylaws: Repairs By-law has been provided by Adrian Mueller, JS Mueller & Co Lawyers. Check out the other 4 Bylaws here: NSW Five Most Useful By-laws.
Transferring Responsibility for Repairs – Why?
- Owners corporation must repair all common property unless:
- Special resolution is passed not to repair specific item of property; or
- Common property rights by-law transfers responsibility for repair to owners
- A common property rights by-law can make owners responsible for repairing an item of common property.
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Transferring Responsibility for Repairs – What Does it Cover?
- Useful to make owners responsible for repairing:
- Wet areas (e.g. bathroom waterproofing)
- Air-conditioners
- Balcony doors and windows
- Hot water services
- Unauthorised works
Transferring Responsibility for Repairs – The Pitfalls
- Every owner must provide written consent
- What happens if every owner does not consent?
- The by-law must be specific – it must identify the item of property to be repaired by owners
- A “catch all” description of “all unauthorised renovations” is insufficient
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This post appears in Strata News #243
Have a question or something to add to the article? Leave a comment below.
Adrian Mueller
Partner + Senior Lawyer
JS Mueller & Co Lawyers
E. [email protected]
W. http://muellers.com.au/
P: 02 9562 1266
This article has been republished with permission from the author and first appeared on the JS Mueller & Co Website.
Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.
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Hello Adrian, I am also very interested in the special resolution to transfer maintenance responsibility for the bathroom floors, waterproofing & tiling to lot owners, and is there a template common property rights by law we can use to illustrate to lot owners how what this bylaw would look like?
We are in a complex that is 28years with 71 units, of which 38 have not completed a renovation of bathrooms (waterproofing/tiles). We have started to experience costly issues regarding membrane failure for which our insurance company is calling “lack of maintenance” so the burden is looking to be passed to all owners. In order to not financially burden the OC, we need to work out how to pass this maintenance back to the lot owners. Seems excessive for all owners to be footing the bill to be replacing someone’s bathroom after 28+ years that has never been renovated. HELP
Hi Adrian, Thank you for that informative update on transferring responsibility for repairs of specific items from the owners corporation to lot owners. We have a 4-lot scheme & the 3rd-level bathroom floors are leaking in all 4 units due to failed waterproofing. There is a grossly deficient sinking fund as the complex was built by a matriarchal developer who used the 4 townhouses for family accommodation and did not comply with the NSW strata laws for a decade. At least 2 of the owners cannot afford a special levy to fund repairs (one is already in arrears with their levies) and the owners corporation is not keen on a strata loan which might be the 3rd option to fund works. If we wish to consider a special resolution to transfer maintenance responsibility for the bathroom floors, waterproofing & tiling to lot owners, is there a template common property rights by law we can use to illustrate to lot owners how what this by law would look like. The first step seems to be to just get lot owners comfortable with the rigour of this option and sighting such a by law might assist in better understanding the proposal & removing some of the uncertainty about changing the status quo?