SA: Q&A Strata Maintenance Responsibility

These questions are about strata maintenance responsibility in SA, like the painting of walls or repair and maintenance of the balcony or roof.

Table of Contents:

• QUESTION: If our committee has accepted a quote for works to common property, can we expect that they have asked the contractor about the guarantee period for the work?
• QUESTION: Our complex wishes to paint the exterior of all townhouses. The painting of one townhouse will incur extra costs due to a pergola that has been added to the exterior of the building. Who should pay this extra cost?
• QUESTION: Who is responsible for the locks on our apartment door?
• QUESTION: The breacher piece broke in an external wall. Strata management state the wall is exclusive use, and as the breacher serviced only our unit, we would not be reimbursed. Is this correct?
• QUESTION: In our townhouses, the balconies are SUBs. Who is responsible for their maintenance?
• QUESTION: Who is responsible for salt damp in a wall between a lot’s bedroom and shower alcove within the same unit?
• QUESTION: What is the responsibilities of the Strata to maintain lawns and control weeds etc, as there is little definition in the SA Strata Titles Handbook?
• QUESTION: My letterbox has been damaged. It is located with the other eleven letterboxes on the front wall of the complex. Is it my responsibility to repair my letterbox, or should the body corporate carry out this maintenance?
• QUESTION: In strata, is it the lot owner’s responsibility to maintain the taps within their property?
• QUESTION: My husband is a qualified and licensed builder with an ABN. Can he carry out repairs to our lot?
• QUESTION: The Back boundary fence needs replacing. Who is responsible for the payment of the replacement?
• QUESTION: We have a tilt-up garage door in our complex that doesn’t open higher than 1.9m. Is this a safety hazard, and should we have this matter rectified?
• QUESTION: Our plastic storm water run off pipes have been damaged near the kerb by Council vehicles. This has caused flooding on our common property. Who should pay for replacement pipes?
• QUESTION: Can you please advise if Garage doors are included within Strata By-Laws.
• QUESTION: Our retaining wall is crumbling and my neighbour and I are about to lose our fence. Who pays, the strata or which one of the lot owners?
• QUESTION: We have ongoing maintenance issues with terracotta pipes. We are looking to replace the pipes but need to remove a tree. Whose cost is this?
• QUESTION: If water damage from the roof creates deterioration of timber in the ceiling of a carport is this strata cost or the lot owner cost?
• QUESTION: I bought my unit years ago and it included an old water tank in the back yard area. The tank has deteriorated and needs to be removed. Is this a strata maintenance responsibility?
• QUESTION: Lack of gutter maintenance has caused damage to my unit and surrounding common property. I’ve obtained an engineer’s report. How do I get reimbursed the cost of the report plus motivate the corporation to carry out the necessary repairs?
• QUESTION: We have noticed damage to balconies in our strata building. Where does the maintenance responsibility lie and if the damage does not affect me, do the repairs have to be carried out?
• QUESTION: One of the unit owners has cement in between the brickwork on the exterior of their unit breaking and also around their windows. Who is responsible for the repair and maintenance of windows and window tracks?
• QUESTION: We are a self managed 4 unit scheme. We don’t have a sinking fund so strata maintenance and associated costs are handled as required by the 4 owners. But who pays for what?
• QUESTION: Is it an owner or the body corporate responsibility for the repair and maintenance of windows on a strata building? Who covers the maintenance of the window tracks?
• QUESTION: Is painting the units and external windows paid for by individual lot owners?
• QUESTION: Each owner in our building has exclusive use of their balcony/ies. Who looks after the repair and upkeep?
• QUESTION: Who is responsible for strata repairs? Can the strata corporation force an owner to perform any repairs?
• QUESTION: Would you know who is responsible for the repair/replacement of our strata building’s windows?
• QUESTION: Our strata manager wanted immediate access to units to check on strata maintenance needs. Are they required to provide a reasonable amount of notice to gain access?
• QUESTION: How much notice should my strata corporation give for a roof inspection? The presiding officer said she had no need to inform me. Is this true? I would have thought at least 48hrs notice was necessary.
• QUESTION: Our roof is in need of replacement. I’ve been talking to other owners, gathering quotes and looking at our sinking fund contributions. Do I have to wait until the next AGM to raise this?
• QUESTION: We have a few bent roof panels. Are we responsible for the repair of the roof or is this something our strata should be paying for?

Question: If our committee has accepted a quote for works to common property, can we expect that they have asked the contractor about the guarantee period for the work?

Our Strata Committee obtained and accepted a quote to repair the boundary wall. The wall is cracking due to a tree’s roots and foundation movement.

Given that the Committee has accepted the quote, can we expect that they have asked the contractor about the guarantee period for the work?

If the contractor refuses to provide a written guarantee period, should we move ahead or seek another contractor?

Answer: I would suggest a more open line of communication is formed between owners and the committee members so your questions may be addressed.

Maintenance within a strata corporation is the responsibility of the body corporate. The body corporate is made up of all owners so all owners would have a responsibility to ensure the integrity of the strata scheme.

Many strata corporations have management committees which oversee some of the day-to-day issues regarding the corporation matters.

It is not uncommon for a committee to be tasked with the responsibility of obtaining and approving maintenance on behalf of all owners for the corporation.

When the committee is involved in arranging these jobs, it is not uncommon for owners to feel that the members of the committee have acted in the best interest of the corporation and all owners.

As an owner, one may have an expectation that members of the committee, but not limited to the committee, have checked that the contractor has appropriate insurances, licences and capabilities to carry out the scope of work including guarantees.

I would suggest a more open line of communication is formed between owners and the committee members so your questions may be addressed.

Should you feel there are concerns then it is best addressed to the committee or your strata manager.

I hope this provides you a little bit more clarity and remember if work has been carried out satisfactorily, being fair, payments should not be withheld.

Tyson D’Sylva
Ace Body Corporate Management
E: [email protected]
P: 08 8342 1544

This post appears in Strata News #573.

Question: Our complex wishes to paint the exterior of all townhouses. The painting of one townhouse will incur extra costs due to a pergola that has been added to the exterior of the building. Who should pay this extra cost?

We are members of a strata corporation made up of two-storey townhouses. The Strata Corporation wishes to paint the external paintwork. One unit has installed a pergola along the back of the unit, which is making it costly for painters to undertake the strata painting, especially the eaves of the second level of the building. Who should pay the extra costs for the painter to access the building for the unit with the pergola to undertake the external painting?

Answer: In many cases when approvals for alterations are carried out, many Corporations record in the approval that any costs associated with the structure will be at the expense of the unitholder.

The Strata and Community Titles Act is silent on this situation. In many cases when approvals for alterations are carried out, many Corporations record in the approval that any costs associated with the structure will be at the expense of the unitholder. If this is the case for this pergola, you may be able to state that the costs have increased due to the installation of the pergola.

If there is no reference on how expenses in the future would be handled, I suggest common sense should prevail and if owners have made alterations to the building, then those units should be covering any additional expenses the corporation incurs as a result of the alterations to the unit.

Carrie McInerney
Horner Management
E: [email protected]
P: 08 8234 5777

This post appears in Strata News #567.

Question: Who is responsible for the locks on our apartment door?

Who is responsible for locks on the external door to your private apartment (not the door into the main entrance). Block of apartments was built in 2017.

We recently discovered that only 1 of the 3 sets of keys provided open the apartment. The locksmith said that after years of only one key being used, there was wear on both the key and the cylinder which meant the other keys did not work. Is the $450 locksmith invoice strata’s responsibility?

Answer: Locks are considered to be an owners responsibility.

Locks are considered to be an owners responsibility. While I understand the keys did not work, you have mentioned that the locksmith has stated that due to the fact the only one key was used there is wear on the key and cylinder. As the Corporation are not responsible for maintain the individual locks the corporation cannot be held responsible for the other keys not working after a number of years.

t is highly recommended that all sets of keys should be checked when first issued to ensure that they all work initially.

Carrie McInerney
Horner Management
E: [email protected]
P: 08 8234 5777

This post appears in Strata News #533.

Question: The breacher piece broke in an external wall. Strata management state the wall is exclusive use, and as the breacher serviced only our unit, we would not be reimbursed. Is this correct?

We have a unit in South Australia.

The breacher piece broke in a boundary wall. The pipes are connected to 3 other units. Water was going through the wall. We had it fixed and had to replace tiles that were only laid a few months ago, and paid the bills.

When I reported the repair to the strata management they said it was exclusive use, as the breacher serviced only our unit. Therefore, we would not be reimbursed. Surely, as it was part of the infrastructure and inside an external wall, it should be strata’s responsibility. If we hadn’t fixed it, it would have affected the other units.

They offered their insurance to cover the tiles. The excess was more than the tilers bill, so I said no. But why offer insurance from a problem they say is our problem?

Answer: If the pipe only services your unit it is considered an owner’s responsibility.

I am assuming that your unit is a Strata Title if this is a Community Title please let us know and we will amend the response.

Section 5 (6b) of the Strata Titles Act states:

Nature of strata plan and requirements with which it must conform

any pipe, cable, wire, duct or drain that is not for the exclusive use of a unit;

This means that if the pipe only services your unit it is considered an owner’s responsibility. While if left the leaking pipe may have caused damage to common walls of others units, the best way I use to describe who is responsible is, if the leaking pipe was removed or cut and capped who would be affected and in relation to breacher pieces inside units, your unit would be the only one affected, therefore this pipe is for your exclusive use only.

As for the insurance, as the Strata Corporation is required to insure the entire property, the building and fixtures are included in this policy, however it will exclude carpets and owners personal contents. The leaking breacher has caused damage to the walls and therefore falls under the Corporation insurance and is coverable. Who pays for the claim if it falls under excess is a decision that each corporation makes.

A better way to explain this is that if you left something cooking on the stove and it ended up causing a fire, your kitchen would be damaged and despite owners being responsible for maintaining their own kitchen, the kitchen is a fixture of the building and would be covered under the Strata Corporation’s insurance policy.

Carrie McInerney
Horner Management
E: [email protected]
P: 08 8234 5777

This post appears in Strata News #519.

Question: In our townhouses, the balconies are SUBs. Who is responsible for their maintenance?

I live in a group of 2 story townhouses built in 1983 in SA. The balconies are a SUB.

Some of the units have maintained their balconies and some haven’t. One owner has asked the Body Corporate to pay for repairs which include surface rust under the balconies and rotten timber balustrades.

Is this to be covered by the strata as it’s a sub?

Answer: The Corporation is responsible for repairs to the original structure of the building. This would include the balcony.

The Corporation is responsible for repairs to the original structure of the building. This would include the balcony, including rust to the main columns and balustrades. The unit owner is responsible for their unit subsidy and the Strata Titles Act states that a unit subsidy is defined by the upper surface of the floor (meaning owners would responsible for the waterproofing and tiles of the balcony), the inner surface of a wall or fence the boundary is the inner surface of the wall /fence (in this case balcony railing therefore the balustrade would be the corporations responsibility).

Carrie McInerney
Horner Management
E: [email protected]
P: 08 8234 5777

This post appears in Strata News #513.

Question: Who is responsible for salt damp in a wall between a lot’s bedroom and shower alcove within the same unit?

Answer: To determine if the damage is due to salt damp or a failing shower alcove (water damage) either a salt damp company or plumber should be engaged to give their professional opinion.

I am answering this question as if it is a Strata or Strata Community, as if the property was a Community Title then it would simply be the owners responsibility.

Technically speaking salt damp is rising damp and usually due to a lack of, or failed damp course. In my experience most salt damp issues between a shower alcove and the wall in which it backs onto is usually water damage.

To determine if the damage is due to salt damp or a failing shower alcove (water damage) either a salt damp company or plumber should be engaged to give their professional opinion. If the area is in fact rising damp, then the dampness is coming from the slab, being common property, then this would be a strata expense. If the salt damp is in fact water damage, then the plumber would need to report on the cause, which in most cases is either due to a failing shower alcove – broken down silicone, cracked tiles, failing grout, leaking taps or a burst breecher.

The cost to repair the shower lies with with the owner as these are not considered common property and the resultant water damage may be an insurance claim, however as with each potential claim this would need to be assessed by your particular insurance company. If the damage is not covered by the insurance policy, the resultant damage may be the owners cost to repair as the damage was caused by failing to maintain the shower, however this would depend on your personal corporation.

Carrie McInerney
Horner Management
E: [email protected]
P: 08 8234 5777

This post appears in Strata News #506.

Question: What is the responsibilities of the Strata to maintain lawns and control weeds etc, as there is little definition in the SA Strata Titles Handbook?

I own a unit in a self managed strata over 4 units with common property.

Those who hold the cheque book are not spraying weeds or clearing seeds blown around the common property from the weeds. As I have allergies, what is the responsibilities of the Strata to maintain lawns and control weeds etc, as there is little definition in the SA Strata Titles Handbook.

Answer: It would be my suggestion that the Owners of the Corporation come together to try to come to a solution as a Corporation.

Under the Strata Titles Act, Section 25 states that the function of the Strata Corporation is to maintain the common property for the benefit of the unit holders. This would be interpreted to mean that the maintenance of the common grounds should be attended to. In relation to your specific question regarding the maintaining of the weeds, there is no specific guideline on this.

It would be my suggestion that the Owners of the Corporation come together to try to come to a solution as a Corporation. If the issue is surrounding cost and money available in the funds, it could be agreeable that an owner may undertake the poisoning of the weeds, in accordance with Schedule 3 (6)a. If there are other issues surrounding the poisoning of weeds, it is always a good idea to try to find a solution for all parties involved.

Carrie McInerney
Horner Management
E: [email protected]
P: 08 8234 5777

This post appears in Strata News #468.

Question: My letterbox has been damaged. It is located with the other eleven letterboxes on the front wall of the complex. Is it my responsibility to repair my letterbox, or should the body corporate carry out this maintenance? 

Answer: Responsibility for the letterboxes really comes down to whether or not the letterboxes are marked as a unit subsidiary area or are part of the common property.

Responsibility for the letterboxes really comes down to whether or not the letterboxes are marked as a unit subsidiary area or are part of the common property. Whilst I would refer you back to your Strata plan to confirm, I would suggest under most circumstances, these areas we say are usually sitting on common property (particularly if they are part of a bank of boxes). These boxes may form part of a bank of letterboxes, or fixed inside a brick wall. Common property (including letterboxes) therefore is a Strata Corporation responsibility to maintain and keep in a serviceable manner.

Now each unit does have its own letterbox and these will have the potential to wear at different rates, particularly if mistreated. It is safe to say that if the damage to one box has been caused by a Tenant or Owner breaking a lock, losing a key, being rough, or purposefully damaging it, that the Tenant or Owner in question would be responsible for the repairs required. However if the damage is simply the age of the letterbox openings, deterioration over time, etc, then if part of common property, these repairs would be handled collectively.

It may also pay to see whether or not there have been resolutions passed, or Articles altered which outline a different outcome to the one we breakdown above for your specific Strata Title complex.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #468.

Question: In strata, is it the lot owner’s responsibility to maintain the taps within their property?

Water was found to be running from taps in a lot owner’s bathroom. Replacement of the taps was carried out to alleviate the issue.

Is it the lot owner’s responsibility to maintain their taps in their property? The tap is for the exclusive use of their unit only.

What role should the Strata Manager play?

Is insurance applicable in this situation?

Answer: It is the responsibility of the unit owner to maintain their own individual tap wear and general internal building (including items of exclusive use).

It is the responsibility of the unit owner to maintain their own individual tap wear and general internal building (including items of exclusive use). As you have stated here, the taps being internal, are certainly for the exclusive use of that unit only.

The Manager would only become aware of running taps after that was reported to them by the Owner/ tenant or perhaps upon receipt of a notice of high water usage (keeping an eye on the water expenses in any period between accounts).

This becomes a classic case of what is Strata responsibility versus Owner responsibility and in turn, what is Building maintenance versus what is Building insurance.

Although the responsibility to maintain, lies with the Owner of the unit and not the Corporation, the next question is, is it general maintenance or is it insurance.

If the tap is running and not burst, it seems likely that the taps / washers/ seals have simply come to the end of its serviceable use (through presumably general wear and tear). General wear and tear is not an insurable claim and therefore the cost of repairs remain with the Owner. If there was damage caused to the tap from some unusual or unexpected event then the group may need to review their insurance policy to see if there is a potential claim.

Water damage is the usual claim encountered, however insurance does rely on Owners and Strata Corporations maintaining the property appropriately to ensure unnecessary damage does not occur.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #449.

Question: My husband is a qualified and licensed builder with an ABN. Can he carry out repairs to our lot?

We are unit owners within a strata group. There are some cracking repairs to be done within our lot. We have been given permission to find our own contractor, and the committee has allocated us some money to use for these repairs. 

My question is, can we do these repairs ourselves? My husband is a qualified and licensed builder, and he is able to provide an ABN for his services. 

There have been some issues with the strata manager, and ill will about our request to do the repairs but I am hoping to clear things up. 

Answer: There is no legislative prevention on your husband doing the works if qualified, provided all interests are declared and the Committee is in agreement.

The answer to your question here really lies within the context of what permission was given? How was it worded, any limitations, etc? Also though there is a responsibility on yourself to be transparent and declare all interests.

If I were in your position, I would return to the Committee and give them all the details of your Husband and ask them to clarify whether or not they would be accepting of your Husband undertaking these works, qualifying for them that he is indeed licensed and qualified/ insured to do this work. To ensure there are no issues, it would always be wise to be as transparent as possible before a project begins. The Committee may see it as a conflict but they may also be happy with the idea of spending less allocated funds if the job can be done cheaper by your partner which has a vested interest in keeping the repair costs as low as possible, but for the same quality of work that others would do. The Committee has a responsibility to ensure the repairs are carried out at a reasonable cost but also to ensure that they are done to a standard that ensures that the works will not need to be carried out again. There is no legislative prevention on your husband doing the works if qualified, provided all interests are declared and the Committee is in agreement.

I can’t comment on any ill will with your Manager but would encourage you to try and discuss this with your Manager and Committee prior to any works commencing and keeping all parties informed. Come prepared with all relevant information – why this is a good option, provide copies of licenses, insurances, etc but also be prepared that the Committee may disagree. Your Manager is there as a guide and third party liaison, they are there to assist you but not make decisions for the group, that is done by your Committee or unit Owners.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #445.

Question: The Back boundary fence needs replacing. Who is responsible for the payment of the replacement?

We are a self managed Strata of 3 units. Two side fences have been replaced with Colorbond fencing. These have been paid for by Strata and the adjoining neighbours.

The Back Brush boundary fence needs replacing. Who is responsible for the payment of the replacement? We understand that the adjacent neighbour should, by law, pay half. Are the strata responsible for the other half or is it the lot owner’s cost?

Answer: The Strata Corporation and not the individual unit owner is generally responsible for all fencing on-site whether it be a fence that adjoins common property, or whether it divides subsidiary land.

Thank you for submitting your request for details of the fencing at the Strata Corporation which is being self managed by the unit Owners.

As you have stated, the boundary fences that adjoined yourself and the neighbours were replaced, with the group sharing the costs between the Strata Corporation and the neighbours.

The difference between this and the fence at the rear of the property (Brush boundary fence), appears only to be that the fence divides the neighbour from a subsidiary area of unit 3, rather than common areas of the Strata Corporation.

The Fencing Act 1975 remains the same for this boundary in that if there is an issue with the fencing that is on the boundary, both neighbours are responsible for the shared costs of maintaining the fence. So just as with the side boundaries, the neighbour at the rear will need to be approached with a request to contribute (and reasoning) for the works on the rear brush fence.

In terms of who is responsible for the costs from your group of units, the answer is the Strata Corporation and not the individual unit owner is generally responsible for all fencing on-site whether it be a fence that adjoins common property, or whether it divides subsidiary land. Fencing which was erected by an Owner at their own cost, for their own use however may fall back upon the Owner. The group would need to refer to the Articles or resolutions of the group if there is a belief that the Owner may have received a consent of this nature. Given this fence is on the boundary, this seems unlikely, however, it is possible that a past resolution may have been set for example, for that Owner to change the fence to brush should they take on the responsibility of maintaining it in the future. All sorts of things like this can occur in a group of units, so always best to check any past information.

Being a Brush fence, you may also need to look at the current requirements for brush fencing (depending on whether you can repair/ replace). Your chosen/ preferred Contractor should be able to guide you on what can and can not be done with the fence itself.

If you remain unsure, the Legal Services Commission may offer further guidance on your specific case: 1300 366 424

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #439.

Question: We have a tilt-up garage door in our complex that doesn’t open higher than 1.9m. Is this a safety hazard, and should we have this matter rectified?

In our group of apartments in Adelaide there are some tilt-up garage doors.

One door doesn’t open higher than my height of 1.9m. I know to duck or avoid it. However, I am concerned that an unsuspecting tall person or tall vehicle may hit this low door. I think the door is dangerous at its height.

The door is not faulty, nor broken as far as I can see. I think it suits the owner to have it set at that height to make its manual operation easier to reach. I am sure it could be adjusted higher.

Is there a law or anything, that should have this matter rectified?

Answer: There is no specific Strata or Community title law that requires a tilt up garage door to open to a certain height.

There is no specific Strata or Community title law that requires a tilt up garage door to open to a certain height. Whether there is a safety guideline or building requirement, I am not sure. You could potentially ask the Master Builders Association of South Australia if there is a legal height requirement for safety reasons.

The concern should be raised with the Committee to discuss whether or not the group overall believes there to be a concern and what action to take. Some groups have individual unit garage doors maintained collectively, whilst others are maintained individually by the lot owner. The Committee would be able to determine any previous precedent in this regard and either take action collectively or make a request on the unit Owner if it is maintained privately. This is pending of course there being some responsibility. If there is no legally binding responsibility to have it set at a specific height, then I would think enforcing the same would be difficult.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #422.

Question: Our plastic stormwater runoff pipes have been damaged near the kerb by Council vehicles. This has caused flooding on our common property. Who should pay for replacement pipes?

Our strata scheme is made up of 5 units. We are having a problem with the water runoff being dispatched from our property to the kerb. This is done via 4 x 80mm plastic tubes.

The kerb ends have been damaged by Council vehicles and are now clogged up with growth and dirt. This causes flooding on our common property.

Is this a Strata or Council problem to replace the piping with steel tubing to prevent damage and blockage? There are about 3 meters to be replaced.

Answer: The property owner is responsible for ensuring that stormwater pipes are connected to the Council nominated Legal Point of Discharge and that their stormwater run-off does not affect other property owners.

It the responsibility of a Property Owner in South Australia to remove all stormwater from the property appropriately and to maintain all stormwater pipes that take that water out to the kerb of the street. For this reason, whilst the outlet which exits to the street is obviously cut into the street kerb, the pipe itself is the responsibility of the Property Owner.

As your property is a Strata Titled group, the Strata Corporation is the property Owner for this example.

Although this responsibility rests with the Strata Corporation, it is important to note that the Council have requirements and guidelines in place, in terms of how these stormwater connections are set up and in fact, can impose upon the Property Owner to address any repairs or replacement when necessary.

In regards to your specific query, you have mentioned that the Council vehicles caused the damage to the kerb/stormwater pipes. In this instance, if you can prove that the reason for the issues with the pipes was directly caused by Council Vehicle, it would be best to contact the Council to see if they can assist.

Whilst every Council may be different, the responsibility of the Property Owner remains the same, and as such I think you will find the following extract from the Burnside Councils website of benefit.

Stormwater

Council is responsible for the care and maintenance of the local public stormwater drainage network. Property owners are responsible for all drainage infrastructure related to the drainage of private property. This also includes sections of pipe in the road reserve that discharge stormwater to the kerb or pipe connections to a Council drain.

Stormwater Infrastructure Responsibility

Each property is allocated with a location to direct its stormwater drainage – typically this location will be to a Council underground drain or to the kerb and channel in the adjacent roadway. This discharge location is known as the Legal Point of Discharge (LPOD). All drainage issues beyond this point are the responsibility of Council.

All drainage infrastructure related to the drainage of private properties up to the Legal Point of Discharge is the responsibility of the property owner. This includes sections of pipe in the nature strip or road reserve that discharge stormwater to the kerb or pipe connections (tapping) to a Council drain.

The property owner is responsible for ensuring that stormwater pipes are connected to the Council nominated Legal Point of Discharge and that their stormwater run-off does not affect other property owners.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #408.

Question: Can you please advise if Garage doors are included within Strata By-Laws.

Answer: There are a few things to consider

To fully examine this, there are a few follow up questions necessary for you to consider or review with your current Manager or group Presiding officer/ Committee.

1. Is this a Strata or Community Titled property?
2. Are the garage doors original or have individual owners erected them at a later date?
3. Are the garage doors part of a garage, or carport?
4. I am assuming the doors are for vehicle access? Or are they pedestrian?
5. What does the Articles or By-laws which have been set by your Corporation Members previously state? Reviewing these may give you your answer.

I would recommend speaking with your Manager or group first to get the information needed to provide a detailed and accurate response. We would be happy to revisit and assist you at that time, should you still require.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #386.

Question: Our retaining wall is crumbling and my neighbour and I are about to lose our fence. Who pays, the strata or which one of the lot owners?

I have a retaining wall approximately 500mm high. It was built with railways sleepers. They have crumbled and the neighbouring strata owner (A) and I (B) are about to lose a fence. I am on the lower side. Who pays? The strata or lot owner A or lot owner B?

Answer: Here in SA the responsibility for the maintenance and replacement of retaining walls lies with the Owners of the property that has created the need to have a retaining wall.

I have assumed for the sake of my response that you are from SA and also that these are two separate Strata Corporations – not separate units within the same Corporation.

Here in SA the responsibility for the maintenance and replacement of retaining walls lies with the Owners of the property that has created the need to have a retaining wall. This assumes of course that the retaining wall is on the boundary.

Whilst it would seem on face value that the lower unit property (B) has cut into land and therefore caused the need to retain this is not always the case. Some other evidence would be which property was built first. Did a property cut into the lay of the land, or did a property build up?

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #381.

Question: We have ongoing maintenance issues with terracotta pipes. We are looking to replace the pipes but need to remove a tree. Whose cost is this?

Our strata units have old terracotta plumbing and we are having major issues with this, spending in excess of $5000 a year.

We are looking into replacing some of the pipes, however, a major part of the plumbing runs through the backyards of several units and before we can dig up the pipes.

One of the backyards has a massive gumtree which needs to be removed, as not only is this the cause of much of the damage, but the pipes cannot be replaced with the tree in the way. Since the tree is in the units backyard which is that units property, who is responsible to pay for the removal of that tree?

Answer: To consider the responsibility of the tree removal, you will need to examine the Strata plans.

Those are certainly large ongoing plumbing costs.

Firstly to consider the responsibility of the tree removal, you will need to examine the Strata plans for the property and confirm that the backyard areas are in fact unit subsidiaries belonging to the individual unit and are not listed on the plan as common areas. I realise this may seem unnecessary, given you advised it is the backyard, but I have certainly seen unusual setups on Strata plans before, and so it is always best to check.

Once you have ascertained that the yard is indeed owned by the individual unit as their subsidiary, you can assign responsibility. Indeed, the pruning, removal, etc of a tree in a private yard is no different to say a tree in a neighbouring property entirely, in that the tree is owned by the owner of the yard. It is not the responsibility of the Strata Corporation to remove the tree, however, the group should consider its options.

Members may look to make an offer to pay for part of the removal in order to secure action sooner.

Unfortunately, being a large gum tree, the group and/ or the tree Owner may also need to determine whether the tree is a “significant” tree in size, and therefore what action they can take with respect to the removal of the tree. Should it be a “significant” tree, then the Council will need to approve of the removal of the tree before it could be removed. Advice should be sought from a Tree Lopper or Arborist as to the size and category of the tree, and of course to provide quotes for the works themselves.

Refer to this link to the Trees and the Law booklet produced by the Legal Services Commission which will elaborate further on the process the group should consider in regards to the removal of the tree, should there not be an amicable resolution forthcoming with the tree Owner through general conversation. Remember that the removal of the tree is to the benefit of the whole complex and that this Owner also forms part of your Community.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #372.

Question: If water damage from the roof creates deterioration of timber in the ceiling of a carport is this strata cost or the lot owner cost?

We have a group of units with attached garage/carports under the same roof as the unit.

If water damage from tiles/flashing (strata cost) creates deterioration of timber in the ceiling of a carport is this strata cost or owner cost?

I have been told that painting of the ceiling of carports is the owner cost as it is not “on the exterior” is this correct.

Answer: The corporation is responsible for external repairs like the roof, guttering, external walls, foundations and any original structures.

Without checking your strata plan, it may be difficult to provide guidance on the above. However, if you corporation is governed by the Strata Titles Act, the corporation is responsible for external repairs like the roof, guttering, external walls, foundations and any original structures. I would recommend checking your Strata Plan which may show you areas of common property and areas of unit subsidiary. A unit subsidiary is an area marked on the plan for the exclusive use of a particular unit, for example, a carport or gardens.

As per the Strata Titles Act:

• Unless the strata plan explicitly states otherwise, a wall or fence between a building that forms part of a unit and a unit subsidiary to that unit is part of the common property [s 5(7)].
• Unless a particular strata plan indicates otherwise, the boundary of a unit is the internal surface of the walls, floors and ceilings.

By the above definition, the corporation is responsible for repairing the roof as a whole (including the garage/ carport as they may be part of the original building). Some corporations take responsibility for roof repairs but may ask the relevant owner to lodge an insurance claim for water damage repairs on the building insurance and pay the excess. I would recommend you to talk to your manager or check your corporation’s policy as there may have been resolutions made on owner responsibility, who pays for insurance excess etc. In certain scenarios, if the corporation has not maintained the roof and damage occurs because of that, the corporation takes responsibility for repairs and paying the excess.

If there is no existing policy within your strata on the above matters, you can request that this be placed on the agenda for the next Annual General Meeting to establish one.

Flavia Ger
Ace Body Corporate Management
E: [email protected]
p: 08 8342 1544

This post appears in Strata News #367.

Question: I bought my unit years ago and it included an old water tank in the back yard area. The tank has deteriorated and needs to be removed. Is this a strata maintenance responsibility?

I am a unit owner in a SA Strata group of 24 Units and have been paying my fees here for over 15 years.

When I bought the unit it came with an old square water tank in my back yard which may have been there since the complex was built in the 1970s.

The tank has pipes attached to my roof which may be affecting water flow to the other 4 units in my section of the complex.

The tank is full of water and, due to the age and condition of the tank, I’m worried that the legs may give way soon. The whole tank needs to be removed by a plumber.

As this is an outdoor issue, does the corporation or the Strata Insurance contribute to the cost of removal of the water tank?

Answer: If the tank is in your private area and only used by you, then it would be unlikely that the tank would be a Strata responsibility.

These sorts of queries can be difficult to answer without all the information about the site.

Firstly, let us start with your query about whether strata insurance would be able to remove the rainwater tank or pay the costs for the same. Based on what you have told me the issues with the rainwater tank appear to be age and general wear and tear. The insurance in place on your site will be for unexpected events, such as storm, fire, malicious damages and other components. Wear and tear will not be deemed to be an insurable event because it is a maintenance item.

I acknowledge that the rainwater tank is an external item attached via downpipe to the gutters and that it may be having a detrimental effect on the water flow to four units within your area of the strata complex.

In terms of whether the responsibility to maintain the water tank including repairs, replacement or removal rests with the strata or the unit Owner comes down to certain factors.

On face value, it would appear based on your statements above that the rainwater tank is situated in your private yard area, for use by only yourself and no other parties. However, without knowing the plans of your site, I can’t determine whether or not the tank is in fact in your private subsidiary area or within common property and whether it is for your use only, or accessible and able to be utilised by multiple units in your block. I also don’t know whether it is an original structure.

To determine ownership and responsibility, you will need to answer the above. If you are unsure, there may be notes in the Articles for your Corporation that have been added to over the years and/ or sets of minutes reflecting whether the tank has been installed at the request of a previous owner or not.

Your Strata plans will also show you what areas of the site are common property, and what areas may be part of your individual title (marked as a subsidiary).

If you have a Strata Manager, they will be able to point you to the relevant documentation and be able to give you more specific guidance based on your individual strata site. If you do not have a Manager, the groups Presiding officer or Secretary should have access to these documents and be able to provide them for you.

If the tank is in your private area (not common) and only used by you, then it would be unlikely that the tank would be a Strata responsibility as it would form part of your unit, for use and benefit only by your unit.

Don’t hesitate to get in touch should you seek further information and/ or are able to provide more specific details of your site as highlighted above.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #345.

Question: Lack of gutter maintenance has caused damage to my unit and surrounding common property. I’ve obtained an engineer’s report. How do I get reimbursed the cost of the report plus motivate the corporation to carry out the necessary repairs?

I am a strata unit owner of 12 months in SA in a block of 17. My unit is larger and stands alone. We have individual water and electricity supply.

Maintenance over the years has been virtually non existent. I have made an impact and am now on the committee.

Due to the lack of gutter care and lack of repairs to the outside of my unit, the unit has suffered structurally both inside and outside. All of these items have been bought to the attention of the corporation and the strata manager who does little.

I was advised to get an engineers report which I did in July 2019 at the cost of $1200. I was told by the manager that I would have to pay upfront. I am now trying to recoup that money but have been told they don’t think the corporation should pay. Parts of the problem impacts common property and this is stated in the report. My second task is getting some action regarding building repairs.

• What steps should I take to recoup the initial $1200 I’ve spent on the report?
• What can I do to have the necessary repairs carried out by the body corporate?

Answer: The Committee which you are now on will be your best avenue for any change in the programming and funding of maintenance.

Thank you for your query regarding the concerns with your unit and the expended costs for engineering reports. Every situation is different, as is every group and the dynamics of the people who form it.

Unfortunately, with limited information, it is hard in this instance to really give you too much guidance.

The Committee which you are now on (well done by the way, as this really is the first step in getting your voice heard and being an active participant) will be your best avenue for any change in the programming and funding of maintenance, and perhaps scheduling of the same. Even the Best Managers out there are only able to undertake the powers and duties for which the Committee or group (and legislation) allows them to.

Clearly in any group, the first step is to recognise the issues at hand and then to discuss how to handle them.

As to whether or not the report should be at your cost or the group in part would be determined by exactly what the report has identified and of course the thoughts of the people in the group.

I have often found that diplomacy is the best way to connect with other Members when trying to get everyone on the same page. Unfortunately, if this fails, and the results are not as you wish, you could later consider alternative options, such as mediation between the committee and yourself. The Manager may be able to offer more guidance around the reasoning of the group Members or on the history and how this may have impacted your current situation.

If the state of the guttering has created issues both internally and externally, then this should be (pending any other circumstances) the priority for the group, as stopping further or worsening moisture related issues would need to be undertaken before any resultant damages are repaired.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #327.

Question: We have noticed damage to balconies in our strata building. Where does the maintenance responsibility lie and if the damage does not affect me, do the repairs have to be carried out?

I am the owner of a unit in a block of 8. The building is lakefront. Last week another unit in our block had a piece of plaster/concrete fall from the underside of the edge of the balcony. It was about 25 cm long, 15cm inwards, and about 2 cm deep, half exposing a steel enforcer. Since then, I’ve noticed swelling on the underside of my balcony in about the same spot at the edge and it looks like the same damage will happen in due course.

My question is who has the maintenance responsibility for the strata repair? It is me, my surrounding lot owners, or the body corporate with the cost to be shared with all owners? And if the problem is not affecting me, do I have a duty to carry out the repair?

Any advice would be much appreciated!

Answer: It seems most likely that the repairs will be the responsibility of the Body Corporate.

Based loosely on the information provided, it seems most likely to me that the repairs will be the responsibility of the Body Corporate as I am assuming these areas to be original and part of the structure of the building.

Without access to plans, articles and further information it would be hard for me to give additional information. The matter should most definitely be raised with the group’s Strata Managers or if the group does not have a Manager, the Presiding Officer and/ or Committee for inspection of the area and review of any information that could be relevant to the group and its maintenance.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #269.

Question: One of the unit owners has cement in between the brickwork on the exterior of their unit breaking and also around their windows. Who is responsible for the repair and maintenance of windows and window tracks?

One of the unit owners has cement in between the brickwork on the exterior of their unit breaking and also around their windows.

Who is responsible for the repair and maintenance of windows and window tracks?

Answer: Depending on what Act you are governed by, your corporation can discuss whose responsibility it will be to repair the cement between the exterior brickwork and windows.

It is unclear if your corporation is governed by the Strata Titles Act 1988 or Community titles Act 1996.

However, the Legal Services Guide provides the following information on each title so you can have an understanding of what each Act says in terms of maintenance.

In a Strata Corporation, it is the responsibility of the corporation to maintain the common property. As per Part 2—Division of land by strata plan, Section 5 (6), states that common property is any land or space that is not within a unit – e.g., the roof, guttering, external walls and foundations are common property.

In a community title, the lot boundaries are not related to the structural sections of the buildings. The owner is responsible for the maintenance/ repairs and insurance of any structures on their lot and has no obligation for maintenance of other lot owners’ buildings. The corporation is only responsible for the common property specified on the plan (e.g., common driveway etc.)

In a community strata scheme, the lot boundaries are defined by reference to parts of the building, similar to a strata title. The structure itself is common property and it is, therefore, the responsibility of the corporation to maintain and insure it.

Depending on what Act you are governed by, your corporation can discuss whose responsibility it will be to repair the cement between the exterior brickwork and windows. It is best to involve your strata manager and they can assist you on this process.

Flavia Ger
E: [email protected]
Ace Body Corporate Management
P: 08 8342 1544

This post appears in Strata News #241.

Question: We are a self managed 4 unit scheme. We don’t have a sinking fund so strata maintenance and associated costs are handled as required by the 4 owners. But who pays for what?

I am an owner occupier of a unit in a block of 4 ground floor self managed units built in about 1985. Each unit has the same entitlement under the plan and pays equal quarterly fees. We don’t have a sinking fund so strata maintenance responsibilities and associated costs are handled as required by the 4 owners.

We are considering painting exterior fixtures facing the road at the entrance and central common area courtyard.

The frontages and number of window frames vary so question 1 is should each owner pay 25% of the cost or should it be proportioned according to the size of each units project.

• Does the painting and maintenance of doors and windows at the rear of the unit that opens up into a courtyard or garden that is a private subsidiary of that unit fall under the corporation or owner’s responsibility?
• What about the painting of external surfaces on roller doors that provide entry to the garage under the main roof. Is this strata maintenance the responsibility of the corporation or the lot owner?
• We are on a corner block and there is a side fence running the length of 2 units along the side road. I’d like to know in painting the exterior of that fence should the cost be divided by all 4 owners or just the 2 whose private areas it fences from the road?

Answer: The Act dictates that the external wall and window maintenance is collectively the responsibility of the Strata Corporation, which includes the painting of the same.

Strata and Community Title Acts are quite different in terms of who is responsible for what items. As this property is a Strata Titled group, the Act dictates that the external wall and window maintenance is collectively the responsibility of the Strata Corporation, which includes the painting of the same.

It is collectively the responsibility of the group to maintain the external surfaces of the building and the structure of the building. These shared costs of these maintenance works will be divided equally because that is what your groups unit entitlement schedule states (as with all Corporation expenditure), and not each unit’s project size.

The rear walls and windows are also the responsibility of the Corporation as they are owned by the Corporation and not the individual Owner (due to the Strata title). I refer you to the Legal Services Handbook.

As with the Walls, the fences are also common property, and so, should the owners deem maintenance or painting be required on these fences, then that too would be the responsibility of the collective group.

In regards to the roller doors, the group would need to determine whether these are original doors, or approved installations, whereby Owners who installed are responsible. Depending on the material also, if the doors are colourbond, it may not be advisable to paint, depending on the overall condition. It would be best to review your group’s history and perhaps discuss it at a meeting.

What is common property?

The question of what is and what is not common property is a difficult issue and can cause many disputes.
Generally speaking, common property is any land or space that is not within a unit [s 5(6)]. Unless a particular strata plan indicates otherwise, the boundary of a unit is the internal surface of the walls, floors and ceilings [s 5(5)]. In most strata corporations, the roof, guttering, external walls and foundations are common property. Internal walls are the owner’s responsibility.”

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #231.

Question: Is it an owner or the body corporate responsibility for the repair and maintenance of windows on a strata building? Who covers the maintenance of the window tracks?

Who covers the maintenance of the window tracks?

We contacted strata as the tracks are part of the window frames and they have informed us that they would not be covered by the strata. They state the maintenance and repair of the window tracks are an individual lot owner’s expense.

It is my understanding that windows are part of the exterior and if they need to be replaced this should come under strata.

What are your thoughts on this and where do we go to try and get the problem about repair and maintenance of windows sorted?

Answer: The answer will vary depending on the type of window and what resolutions your strata corporation has made.

Thanks for the question on the repair and maintenance of windows. It is a very good one and may be varied depending on the type of window and what resolutions your strata corporation has made.

Window frames are generally the Strata’s responsibility, as it forms part of the external surfaces to the building.

Items like fly screens, roller shutters and latches are more commonly to be the owner responsibility.

If the tracks are forming part of the window frame there could be an argument for it to be the Strata’s expense, however, the tracks can be damaged by the use of the window over time or the lack of maintenance by the user. This may be a grey area and warrants discussion at the next general meeting of your corporation where owners can get together and make a resolution on how to handle these issues.

Another issue we have had to deal with is sliding doors that require rollers to be replaced, maybe the track and rollers provide a similar function and in this case, the rollers are an owner expense.

Hope that gives you some insight..

Tyson D’Sylva
SA Area Development Manager
E: [email protected]
Ace Body Corporate Management
P: 08 8342 1544

This post appears in Strata News #202.

Question: Is painting the units and external windows paid for by individual lot owners?

I belong to a group of 5 units in Adelaide and we do have a strata management company taking care of the management of these units.

Who is responsible for the painting of:

• all the units and
• external windows.

Regarding the windows, can they be paid by the individual owner or does it have to be paid for out of our levies? Some units have two story and others single, therefore the cost increases because of scaffolding.

Answer: Assuming your property is Strata titled, then it is collectively the responsibility of the group to maintain the external surfaces of the building and structure of the building.

Strata and Community Title Acts are quite different in terms of who is responsible for what items. If the property is Community Titled, then the responsibility is with the Unit Owner to maintain the external windows, as the Act dictates that Owners own the outside walls and everything to do with their Lot and therefore maintenance of the same. In Strata Titled properties, the external wall and window maintenance is collectively the responsibility of the Strata Corporation.

Assuming your property is Strata titled, then it is collectively the responsibility of the group to maintain the external surfaces of the building and structure of the building. This will include both repairs to the windows and painting of the externals. These shared costs of these maintenance works will be divided either equally (when provision allows) or by unit entitlement, as with all Corporation expenditure.

It would be wise to review the entitlements of the group to view how funds are raised. Unit entitlement is the ratio of the capital value of a unit, against the capital values of all the Units {S6}.

I would always also just recommend that Members review the previously set Articles of the Corporation just to see what else Members may have discussed over the years, and review if anything contrary to the standard has taken place.

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #195.

Question: Each owner in our building has exclusive use of their balcony/ies. Who looks after the repair and upkeep?

I was searching for an answer regarding strata maintenance responsibility under South Australian strata (building 1980). I own a unit on the ground floor of a 4 storey block. There are 4 units over 3 of the floors, and 2 penthouses on the fourth floor.

The units on floors 1-4 each have a number of balconies (sub to each individual unit) that require maintenance. Some units have one balcony, some have two and the penthouses have three each. Who is responsible for the maintenance/ repair of these balconies?

The owners have exclusive use of their balconies which are sub to their property…are they therefore responsible for the costs?

Please, are you able to clarify this?

Answer: Repairs to an original standing balcony are a Strata responsibility.

Great question, and one that can be difficult to easily explain. My response takes into consideration that your property was built in 1980 and therefore falls under the Strata Titles Act.

Repairs to an original standing balcony are a Strata responsibility to maintain. These balconies are a Private unit owners subsidiary property and not part of common property areas, and as such, I can understand why some Owners would believe that the maintenance costs should be the private expense for the Owner of the Individual Balcony.

However other issues are also at play, such as, the balcony is an original structure (which is built into the Building and comprises part of the exterior), the obvious concern is that should it deteriorate, any liability and/ or damages sustained would be likely on common property. The group has a responsibility to maintain the original structures.

Under the Act, a boundary is defined by the upper surface of the floor, which means anything under that upper surface is common. When considering this, I will use an example; should a series of unit subsidiary carports have bitumen repairs necessary in one of the subsidiary carports, this would be repaired by the Strata. In cases of Rising damp, this is also deemed to be a Strata issue even should the matter be visible internally as the issues also arise from under the floor and affect the original building structure.

Another example of works undertaken by Strata would be that – “a wall or fence between a building that forms part of a unit and a unit subsidiary to that unit is part of the common property”. i.e the external section of the wall between the unit and the balcony area is common, as is the area under the upper surface of the floor to the balcony.

S.A. Legal Service commission has previously provided guidance to some of our Owners on these types of matters.

I should also point out, that my notes above are relating specifically to the balconies as a whole, in terms of the structure. When referring to tiling repairs/ replacement, or other non-structural maintenance, these additions are the responsibility of the unit holder and not the Strata complex.

I close off by saying, that it remains important that you look at the By-laws for the individual group to see what works have been carried out previously and any other decisions, which could vary the group away from the standard definitions of the Act (i.e should a decision have been unanimously made previously to handle these matters differently).

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #169.

Question: Who is responsible for strata repairs? Can the strata corporation force an owner to perform any repairs?

Would appreciate your thoughts on the plumbing responsibilities of owners and the strata corporation in regard to a 3 story apartment block of many units. In South Australia, who is responsible for strata repairs?

Who is responsible for:

1. the replacement of water isolation taps – the cold isolator is in the relevant unit, the hot isolator is in the hot water cabinet outside of unit?
2. the breech unit in the wall of the kitchen or bathroom?

Can the strata corporation force an owner to perform any repairs?

Answer: One of the most common misconceptions of strata is that anything outside the unit is the corporation’s responsibility. This is not the case.

This is a very good question and is quite commonly asked. One of the most common misconceptions of strata is that anything outside the unit is the corporation’s responsibility. This is not the case. Any service infrastructure that is for the exclusive use of one lot or unit is the owner’s responsibility to maintain and repair, regardless of where on the property it is physically located.

For example, if the isolation taps only isolate the water to your unit, it is your responsibility (even if it is located outside of the unit). If there is one isolation tap for the entire set of units, it becomes a corporation responsibility. Breech pieces for a shower or kitchen is very likely to also be servicing that unit alone therefore again, it is the owners responsibility for repairs or replacement.

Both the Community Titles Act (section 134) and the Strata Titles Act (Schedule 3) state that the owner of the lot or unit must keep it in a condition of good repair. They both also give the corporation the power to enforce duties of repair and maintenance, but there are provisions of this power and we recommend you exhaust all other avenues before exercising this power.

It is also good to check if the corporation over time has passed resolutions that could be different from the above. If you’re unsure please consult your strata manager.

Alice Rogers-Ross
Ace Body Corporate Management
E: [email protected]
P: 08 8342 1544

This post appears in Strata News #145.

Question: Would you know who is responsible for the repair/replacement of our strata building’s windows?

Would you know who is responsible for the repair/replacement of our strata building’s windows? We are in a single story Body Corporate. Our sliding window has ceased to slide open as the little wheels gliding along the bottom collapsed due to the age of the buildings. Therefore the windows can not be opened anymore, which could be a hazard in case of a fire etc.

Also, I am certain it wouldn’t be just our windows, but other owner’s windows as well.

At a previous AGM, I brought the issue of repair and maintenance of windows up, but I was advised it is the owner’s, not the body corporate’s, responsibly. Could you clarify, please?

Answer: It is important to check what resolutions have been made

Generally, the window housing and/or surroundings is the strata corporations responsibility. The handles, locks and perishable items – like the rollers and fly screens – in most cases are the owner’s responsibility.

Some strata corporations have made resolutions that can vary the amount of responsibility for the owners, so it is important to check what resolutions have been made.

There are many grey areas within a strata and further clarification may be required. You can get this from the strata manager or other owners.

It is important you attend the Annual General Meeting, as this is the time where you can have these discussions and meet other owners that may have been in the strata longer and can share what has happened in the past.

Tyson D’Sylva
SA Area Development Manager
Ace Body Corporate Management
E: [email protected]
P: 08 8342 1544

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Question: Our strata manager wanted immediate access to units to check on strata maintenance needs. Are they required to provide a reasonable amount of notice to gain access?

I live in an apartment block of 42 units in Adelaide. The strata manager has gone around units asking for access to check on smoke alarms, ceiling insulation and other items. If the lot owner was not home, he contacted them and asked for the doors to be left unlocked or a key left so he can access the unit while no one was there.

This sounds very unprofessional, bordering on criminal. What right of access to an apartment does a strata manager have? Are they required to provide notice to lot owners if they are looking to gain access to check on strata maintenance needs?

Answer: For internal inspections/ repairs, the body corporate must give written notice to the owner occupier or tenant.

A Body corporate manager’s role is to assist in running the business affairs of the corporation. Their proficiency is in a solid grounding of the Strata/ Community Titles legislation and implementation of the Act to ensure that the corporation is compliant with the relevant legislation.

A manager’s expertise is in ‘managing’ the legal and administrative duties/ compliance for the corporation. A Body Corporate Manager may obtain quotes from contractors such as builders, skilled professionals in relation to the common property’s upkeep; however, in many cases are not qualified experts to undertake or ‘inspect’ works themselves.

Even if a manager has an understanding of common property maintenance, he/ she inspecting units for repairs/ compliance is not a normal practice and not recommended. The manager can provide general recommendations and speak to the corporation’s management committee to arrange a suitably qualified professional to undertake repairs or recommend maintenance and should avoid becoming the corporation’s handyman.

This scenario is unacceptable. As per the Strata Titles Act 1988 and Community Titles Act 1996, for internal inspections/ repairs, the body corporate must give written notice to the owner occupier or tenant. The legislation does not specify what a reasonable time would be for inspection, only that it must be reasonable. It is considered good practice to normally give an owner occupant at least 7 days’ notice before entry, (depending on the circumstances of each situation).

Please refer to the Strata Titles Act 1988 (STA) on authorising entry to the premises under Section 42 — Unit holder’s power of entry. Please refer to the Community Titles Act 1996 (CTA) on authorising entry to the premises under Section 146 — Entry onto lot or common property.

There are other sections in the Act referring to the unit owner’s responsibility to maintain and repair their unit or the corporation can authorise entry to organise the works. These will be covered in STA under Section 28 — Power to enforce duties of maintenance and repair and CT under Section 101 — Power to enforce duties of maintenance and repair.

Flavia Ger
Ace Body Corporate Management
E: [email protected]
P: 08 8342 1544

This post appears in Strata News #264.

Question: How much notice should my strata corporation give for a roof inspection? The presiding officer said she had no need to inform me. Is this true? I would have thought at least 48hrs notice was necessary.

I have a question regarding how much notice should my strata corporation give for a roof inspection.

In the AGM earlier this year, I brought up that, as part of our strata maintenance requirements, I believe all the roofs should have an inspection as they are old and deteriorating. It was all agreed that the presiding officer would organise a roof inspection.

A few weeks later I was woken up early to what sounded like someone breaking into my roof. I headed outside to find a stranger crouched down on my roof. I questioned what the man was doing & then was informed he was carrying out the roof inspection.

I’m sure anyone would find this an intrusive and terrifying way to discover that a roof inspection was being carried out. I am well aware that the roof is common property.

The inspection was on the exterior, however, I believe it’s only common decency to have been informed by strata that the roof inspection was to be carried out that day. When I emailed my strata manager and presiding officer, the presiding officer said she had no need to inform me. Is this true? I would have thought at least 48hrs notice was necessary.

There is an ongoing issue with our presiding officer informing strata and issuing notices regarding petty things and yet, doesn’t inform anyone when there is a roof inspection being carried out. I think this is just very poor management!

Answer: There is no legislative requirement in the Strata Titles Act, 1988 to provide a notice of inspection for external areas.

The Strata Corporation is responsible for repairing and maintaining the common property and quotes need to be organised to inspect and provide recommendations for repairs.

There is no legislative requirement in the Strata Titles Act, 1988 to provide notice of inspection for external areas.

However, providing notice is considered good practice so occupants are made aware of the inspection and do not experience any inconvenience.

It is always worth speaking with the manager so you can explain your concerns. You can request them to provide notice for any future inspections on the common areas. This matter can also be addressed at the next Annual General Meeting where a request is made to all lot owners to ensure their chosen tradesperson does not cause any disturbance/ inconvenience as everyone lives in close proximity and tolerance and consideration are important for good community living.

If you are unhappy with the current presiding officer’s / managers communication methods, you can bring this matter up with the other management committee members as they may have some additional information that will help in this area or resolve your concerns.

Speaking to your Strata manager may also assist in answering your queries.

Flavia Ger
Ace Body Corporate Management
E: [email protected]
P: 08 8342 1544

This post appears in Strata News #209.

Question: Our roof is in need of replacement. I’ve been talking to other owners, gathering quotes and looking at our sinking fund contributions. Do I have to wait until the next AGM to raise this?

My unit complex is in need of a new roof. There are no current leakage issues but given that the roof is sagging heavily in many places, it has insufficient support for the cement tiled sections and asbestos tiles on other sections, I would like to see a new roof installed within 5 years.

I know at least one other owner occupier feels the same way. I do not know how the other property owners feel as 3 out of the 6 units are rented and one is currently changing ownership.

I have begun preparing a proposal for the work to be done. I am collecting quotes from roofing companies and seeking a real estate agent’s opinion / statement regarding the value added by re-roofing.

I have been told by reroofing companies that getting the roof installed now with a payment plan would add 10 – 15% to the total cost. We currently input a small amount of money into a sinking fund on a quarterly basis.

I am hoping to increase the sinking fund allocation to allow the re-roofing to be carried out within the next 3 to 5 years. Am I going about this the right way? Can you give me any information regarding the best way to present this proposal for strata maintenance in Adelaide so that I have the maximum chance of success?

Do I have to wait until the next AGM to raise the topic?

Answer: You look to be taking the due process and obtaining as much information as you can before submitting a detailed proposal to the group.

From what you have outlined, you are taking the due process and obtaining as much information as you can on the matter before submitting a detailed proposal to the group. This would be best placed on the Agenda for the next AGM, or if this is too far away the group could call an EGM (there are processes to do this also as noted in the Strata title Act 1988).

Below is a breakdown of the methods for calling a General meeting, which you may find helpful. This information has been taken from the Strata Title Legal Guide for SA.

A general meeting can be called by the secretary, or any two members of the management committee, or one-fifth of the unit owners, or by order of the Magistrates Court [s 33(2)]. An application to the Magistrates Court (minor civil action jurisdiction) to call a general meeting can be made by the owner or occupier of a unit, a person who has contracted to purchase a unit, or any other person bound by the articles of the strata corporation (except for persons invited to or visiting the site) [s 41AA].

Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426

This post appears in Strata News #204.

Question: We have a few bent roof panels. Are we responsible for the repair of the roof or is this something our strata should be paying for?

Our strata building has six suites and we own and occupy two of them.

We’ve been told there are some slightly bend roofing panels above one of our suites. We are unsure about how to proceed. Who is responsible for the upkeep of the building? Who should pay for the repair of the roof?

Answer: Strata legislation states that the corporation must maintain the integrity of the buildings / strata scheme, meaning that in most cases the externals of the building is the corporation’s responsibility.

Maintenance in a strata corporation is always a point of discussion as owners ask the question “why should I have to pay for another person’s repairs?”.

The strata legislation states that the corporation must maintain the integrity of the buildings / strata scheme, meaning that in most cases the externals of the building is the corporation’s responsibility.

Some strata corporations have made their own resolutions that deem owners to pay for certain sections based on reasons that have been approved at an AGM of the corporation.

You will need to check what has been agreed by your corporation by checking the minutes or talking to your strata manager.

Otherwise, check what has been the case with other unit repairs. If they have paid their own, then most likely you will have to pay the cost to repair your roof.

Please note, if you have added anything to the structure this would be solely your expense to repair.

If the answer / the way to proceed is still not clear for you, then the best thing to do is have the repairs fixed and raise this matter at the next AGM. This process will give you a clear way on how to proceed.

Tyson D’Sylva
Ace Body Corporate Management
E: [email protected]
P: 08 8342 1544

These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

This post appears in Strata News #155.

Have a question about strata maintenance responsibility at your building or something to add to the article? Leave a comment below.

Embed

Read next:

• SA: COVID-19 Fire Maintenance Decision Model | What fire checks can be postponed?
• SA: Storage of Dangerous Goods in Strata Properties

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Visit our Maintenance and Common Property OR Strata Information South Australia.

Looking for strata information concerning your state? For state-specific strata information, take a look here.

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.