The information in this article will assist when reading strata plans. It discusses who’s responsible, and provides a guide to common property boundaries when it comes to VIC apartment repairs and common property defects.
Table of Contents:
- QUESTION: Are external windows, including hardware, common property? I am struggling to find specific inclusions in my strata plan.
- QUESTION: Our building has gas for hot water and cooktops. We are under an embedded network. An owner wants to install an induction cooktop. Do they need OC approval? What about the 10 year contract with the energy provider?
- QUESTION: Fire Rescue Victoria damaged the door to our vacant apartment when they responded to a nuisance fire call. Who is responsible for the cost of replacing the door?
- QUESTION: Each townhouse has a gutter and downpipe that appears to be part of their lot. Should the gutters and downpipes be repaired by the owners corporation?
- QUESTION: If I misplace or damage my letterbox key, who is responsible to replace the key?
- QUESTION: Possibly due to temperate changes, a larger crack has formed in the sliding door to my balcony. Who is responsible for the repair?
- QUESTION: The ground floor units in our building have a lease to a front courtyard. All courtyards are enclosed by a front fence that connects to the footpath. One courtyard also contain a tree. Who is responsible for the cost of repair of the fence? Who maintains and prunes the tree? What do we do if the details of the lease are lost?
- QUESTION: A Strata Manager has taken over management from a self managed strata. What are the implications when funds have been used incorrectly due to the committee reading the plan of subdivision wrong?
- QUESTION: In the common area, is the owners corporation responsible for the sewer line wholly or partially? If partially, how do we clarify this?
- QUESTION: Irregular gutter cleaning has resulted in roof leaks and damage to my walls and ceiling. Who is responsible to carry out regular maintenance such as gutter cleaning?
- QUESTION: My intercom is broken but I’m not sure if the fault is with my handset or the entire unit. Who pays and how do I get this fixed?
Question: Are external windows, including hardware, common property? I am struggling to find specific inclusions in my strata plan.
The hardware on the external windows of my apartment is starting to fail. Are external windows, including hardware, common property? I am struggling to find specific inclusions in my strata plan. Our strata manager defaults to “not common property,” and it’s up to owners to prove it is.
Answer: It would appear reasonable for owners to maintain their window hardware.
You are likely privately responsible for maintenance of the hardware.
Window hardware won’t be specifically referenced in your plan of subdivision. If the boundary of the wall where the window lies is either ‘exterior face’ or ‘median line’, the hardware is yours to repair. If the wall boundary is ‘interior face’, there may be an argument that the OC is responsible for the hardware.
You should check the OC’s Rules to see whether there are any references to window hardware.
Putting aside boundaries and technicalities, from a practical perspective it would appear reasonable for each owner to maintain their window hardware. There are a number of reasons for this:
- The OC has no control over how unit occupants operate the hardware. How would you feel about contributing to the repair of someone else’s hardware the occupant had misused?
- From a routine maintenance perspective, it is not practical for the OC to have to organise entry to every unit periodically to perform such maintenance.
- Other owners do not derive a benefit from the hardware in your unit.
So, in short, I suggest arranging repair of your window hardware privately.
Callum Wilson The Strata Shepherd E: info@thestratashepherd.com.au P: 0431 925 908
This post appears in the November 2024 edition of The VIC Strata Magazine.
Question: Our building has gas for hot water and cooktops. We are under an embedded network. An owner wants to install an induction cooktop. Do they need OC approval? What about the 10 year contract with the energy provider?
I am the chairman of the owners corporation for an apartment building in Victoria. The building was completed in 2018, and there are 20 apartments. There is an embedded gas network system for the hot water service and gas cooktops. The developer entered into a 10 year contract with an energy provider. The OC has received an enquiry from an owner wanting to know if she can change the gas cooktop in her apartment to an induction cooktop.
Due to media around the switch from gas to electricity for new builds in Victoria, I expect we will receive more enquiries from owners. Can an owner make this change without seeking approval, or is OC approval required? The developer initially installed gas because there is concern the electricity substation to the building cannot support the additional electricity required for induction cooktops.
Answer: The OC should review the agreement/s and define who is responsible for what. Go through the Single Line Diagrams.
In Victoria, the rules and regulations governing modifications to individual apartments within a strata or owners corporation complex can vary. Typically, modifications that involve alterations to the common property, shared infrastructure, or utilities may require approval from the owners corporation (OC).
I suggest the OC review the agreement/s and define who is responsible for what. Go through the Single Line Diagrams (SLDs). There are several other things to consider, including OC by-laws, the type of cooktop to be installed, the works involved, the developer agreement with the energy provider, the building’s substation capacity and safety and compliance. The agreements will define if any approval is required from the provider regarding changes to the networks, and the SLD should define what specifications each apartment has connected to their switchboard in the apartment. The SLD may also provide some insight into the building’s electricity substation. A third party can review both of these.
If a customer disconnects their gas supply, it will likely need to be physically capped within the apartment or the common property (which may require some approval); however, a gas cooktop charge certainly wouldn’t be logical.
Concerns about the electricity substation’s capacity can be addressed by consulting a licensed electrician to determine the building’s spare capacity and informing owners of the safe number and power ratings of electric cooktops they can adopt.
Sarah Shevy Energy On E: Sarah@EnergyOn.com.au P: 1300 323 263
This post appears in the October 2023 edition of The VIC Strata Magazine.
Question: Fire Rescue Victoria damaged the door to our vacant apartment when they responded to a nuisance fire call. Who is responsible for the cost of replacing the door?
Our apartment door was damaged when Fire Rescue Victoria responded to a call from an unknown person reporting suspicion of a fire in our unit. The apartment was not tenanted at the time. There was no fire.
Who should pay the $2000 bill to replace the door? Neither the lot owner, resident, nor owners corporation had any involvement in the incident. Who is responsible for the replacement of the door?
Answer: If it is common property, the owners corporation might pass on the cost to the lot owner under the benefit principle.
The first step is to work out whether the door is common property or private lot property, as that will determine whose responsibility the repair and maintenance/replacement is. Then the next step is to see whether the event is covered by insurance and whether an insurance claim should be made. If it is common property, the owners corporation might pass on the cost to the lot owner under the benefit principle.
Phillip Leaman Tisher Liner FC Law E: ocenquiry@tlfc.com.au P: 03 8600 9370
This post appears in the August 2023 edition of The VIC Strata Magazine.
Question: Each townhouse has a gutter and downpipe that appears to be part of their lot. Should the gutters and downpipes be repaired by the owners corporation?
We would like the gutters and downpipes on the townhouses in our blocks to be repaired by the owners corporation.
Each townhouse has its own independent gutter and downpipe that appears to be part of their lot. Do Sections 47 and 47A of the Owners Corporation Act 2006 apply here, allowing the owners corporation to repair the gutters and down pipes? If not, how might we go about having them maintained by the owners corporation?
Answer: For practical reasons, it may be preferrable for the repairs/replacement of the gutters to be arranged by the owners corporation.
Given you have advised that the entire structure is private property, 47(1) of the Act is unlikely to be applicable as this references a service for the benefit of more than one lot and the common property and / or if it is impracticable for the lot owner to carry out the repair or maintenance. Based on your description of the boundary points, the gutters are likely to be private property (under Section 131 of the Act), and as such, individual owners may carry out repairs to their section of the gutter if they wish to.
For practical reasons, it may however, be preferred that the owners corporation arrange for the repairs/replacement of the length of gutters, subject to a special resolution being passed allowing it to provide a service to lot owners under section 12 of the Act. If this is preferred, subject to a special resolution passed permitting the service, this can be done under Section 47(2) at the request and the expense of the lot owners who own the gutters. Discussion should take place at a general meeting to authorise the owners corporation to carry out private property repair and maintenance.
Dilshan Meemanage MBCM Strata Specialists E: info@epping.mbcm.com.au P: 03 9046 2231
This post appears in the April 2023 edition of The VIC Strata Magazine.
Question: If I misplace or damage my letterbox key, who is responsible to replace the key?
Answer: The occupier of the lot is responsible for the costs of replacing the key.
The occupier of the lot is responsible for the costs of replacing the key. The key (and the letterbox space) is used by that lot only, so it is not considered a common repair and maintenance responsibility.
Some owners corporations have a registered letterbox key system and thus the Manager may need to be contacted to arrange a new key (at the occupier’s cost). In all other situations, it is recommended that a locksmith is engaged privately to cut a new key(s).
Callum Wilson Bright & Duggan E: callum.wilson@bright-duggan.com.au P: 0427 339 980
This post appears in the February 2023 edition of The VIC Strata Magazine.
Question: Possibly due to temperate changes, a larger crack has formed in the sliding door to my balcony. Who is responsible for the repair?
I am the owner of a floor level apartment. I have noticed a crack in the glass of my external sliding door to the balcony. This appears to be due to temperature changes.
Who is responsible for the repair of the glass. Is it the Owners Corporation or the lot owner?
Answer: Seeing the repair works will only benefit the one lot and the damage is located within private property, the responsibility for the repair rests with the lot owner.
This question is usually asked when determining who is responsible for any repair/s or maintenance to a specific area within a complex.
Who “owns” the damage needing attention? Even though it may not be anyone’s fault specifically (as in this case), the responsibility will still need to fall on either a specific lot owner or the owners corporation.
In this case, seeing the repair works will only benefit the one lot, along with the added fact that the damage is located within private property (balcony), on this occasion the responsibility for the necessary repairs/replacement would rest with the lot owner and not the owners corporation.
Guy Garreffa StrataPoint E: guy@stratapoint.com.au P: (03) 8726 9962
This post appears in the November 2022 edition of The VIC Strata Magazine.
Question: The ground floor units in our building have a lease to a front courtyard. All courtyards are enclosed by a front fence that connects to the footpath. One courtyard also contain a tree. Who is responsible for the cost of repair of the fence? Who maintains and prunes the tree? What do we do if the details of the lease are lost?
Answer: The lease should stipulate conditions as to which party is responsible for the upkeep of the fence and the tree.
A lease grants exclusive rights to a Lessee for a specific area granted under the lease. The lease should stipulate conditions as to which party is responsible for the upkeep of the fence and the tree.
There may be a specific condition that requires the Lessee to maintain the courtyard, including fences and the tree. If the area being leased (courtyard) is Common Property, then it would be prudent to check the lease for these conditions. The cost of the maintenance may also depend on the boundary.
Even if the lease is lost, the conditions still apply. If you are unsure where to find your lease, the below information might point you in the right direction:
- Contact the Lessor in the first instance: it should be on the records for the Owners Corporation
- If the lease is for common property, it is likely the Owners Corporation’s solicitor would have prepared it
- The lease would need to be stipulated on an Owners Corporation Certificate. If there has been a recent sale of the lot in question, there would also need to be a transfer deed/deed of amendment between the parties
- It is possible that the lease is registered on title. The Lessee could apply to Land Victoria for a copy of the lease.
- If both parties have lost the lease and no record can be found, the Lessor may request that a new lease be signed and have this prepared as a priority
If you are unsure as to the responsibilities set out in the terms of your lease, we recommend seeking independent legal advice.
If the Owners Corporation is responsible for maintenance, then the lessee could not prevent access to the courtyard and must allow the Owners Corporation to carry out its duties under the Act with appropriate notice provided as per other applicable legislation.
In respect to the pruning of the trees, we recommend contacting your Owners Corporation Manager advising of the health and safety issue. They will be able to either arrange trades to attend and/or advise you of the responsible party for the maintenance (including the costs involved).
Sim Firns The Knight Email P: 03 9509 3144
This post appears in the September 2022 edition of The VIC Strata Magazine.
Question: A Strata Manager has taken over management from a self managed strata. What are the implications when funds have been used incorrectly due to the committee reading the plan of subdivision wrong?
Answer: If you’re not fully up to speed with who is meant to be responsible for what, you can have a situation where the owners corporation has spent money where they shouldn’t have.
The plan of subdivision is really important because it determines where maintenance responsibilities lie within the strata scheme. It can very well be the case that, if you’re not fully up to speed with who is meant to be responsible for what, you can have a situation where the owners corporation has spent money where they shouldn’t have. This then leaves open the possibilities of recovery, but more than that, I think it leaves open the prospect of a rude shock for people when things start getting done the right way. Suddenly it’s ‘whoa, where did this bill come from?’. Because something was done one way in the past does not necessarily mean it continues to be that way in the future, particularly if it was wrong in the first place.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898
This post appears in the September 2022 edition of The VIC Strata Magazine.
Question: In the common area, is the owners corporation responsible for the sewer line wholly or partially? If partially, how do we clarify this?
Answer: When it comes to sewer pipes, it depends on where they are located and what they service.
Pursuant to Part 2 Division 1 Section 4 of the Owners Corporation Act 2006, the Owners Corporation is responsible for maintenance of common property. The plan of subdivision determines what is common property. When it comes to sewer pipes, it depends on where they are located and what they service.
Without further information, it is impossible to make a determination of whether the pipe is an owners corporation responsibility. It should be noted that a reputable registered plumber would be able to assist and advise.
Stratabase Holdings E: info@stratabasemgt.com P: 0412 247 589
This post appears in Strata News #569.
Question: Irregular gutter cleaning has resulted in roof leaks and damage to my walls and ceiling. Who is responsible to carry out regular maintenance such as gutter cleaning?
My roof has been leaking ever since I moved in. This has caused damage to my walls and carpets. I clean the gutters that I can reach myself regularly, however, there are gutters that I cannot reach that have never been cleaned the entire time I have lived here and I believe this is causing the roof leak issue.
I have emailed my Strata manager many times about this and after many many months she replied with ‘I suggest you ask a roof plumber to inspect the leak, then look at roof replacement.’
I have since looked back through the strata records and found that professional gutter cleaning has been included on every AGM agenda, however, the issue has never been discussed at any meetings.
Who is responsible for roof inspections, gutter cleaning, etc to rectify the problem?
Answer: If the plan of subdivision states that the Roofing Areas are part of the common property, the owners corporation is responsible.
Your plan of subdivision will determine whether the owners corporation is responsible to pay for the roof, gutter cleaning and related works (Roofing Areas). If the plan of subdivision states that the Roofing Areas are part of the common property, the owners corporation is responsible to pay. On the other hand, if the plan of subdivision provides that the Roofing Areas are private property, the owners are responsible for the works.
Alternatively, if the owners corporation passed a special resolution to provide a service of Roof Areas cleaning (if these areas are private property) the owners corporation is responsible to pay for the works.
Rochelle Castro RC & Co Lawyers E: law@rccolawyers.com P: 1300 072 626
This post appears in Strata News #548.
Question: My intercom is broken but I’m not sure if the fault is with my handset or the entire unit. Who pays and how do I get this fixed?
My intercom system is not working. I’m not sure if the problem is with my particular handset or an issue with the main system. I’ve reported the problem to the strata manager and they have stated it’s the unit owner’s responsibility to pay for the handset if it’s broken. If it’s is the complete unit downstairs that is the problem, who is responsibility to investigate and repair the problem?
Answer: The owners corporation can have the intercom repaired and then “may” on-charge the owner of the lot, if necessary.
When it comes to servicing an intercom system, it would be best to approach the owners corporation committee for direction. Committees can see (or do) things differently from one to the next (as long as they don’t breach their responsibilities or regulations).
The Owners Corporation Act 2006 section 49 (1) and (2) states:
Cost of repairs, maintenance or other works
An owners corporation may recover as a debt the cost of repairs, maintenance, or other works undertaken wholly or substantially for the benefit of some only of the lots from the lot owners, but the amount payable by those lot owners is to be calculated on the basis that the lot owner of the lot that benefits more pays more.
If a committee follows the letter of the law as per above, whenever a buzzer needs repairing, they can have it repaired and then “may” on-charge the owner of the lot that “owns” that specific buzzer. OR, seeing it’s the external head unit located at the main entrance of the building, the committee may have a “swings & roundabouts” approach knowing that at some point, all other owners may face the same issue. In this case, the committee may be happy to have the buzzer repaired and paid through the owners corporation. On the other hand, if the fault is with the handset INSIDE the private lot, then unless the committee instructs otherwise, it would be the lot owner’s responsibility seeing the faulty handset is only benefitting the one lot and no-one else.
To determine which piece of equipment is at fault will require a technician to visit the site and assess both units. The initial inspection or call out may need to be covered by the lot owner. Again, there’s no harm approaching the committee for their view on this. The subsequent repairs may be covered by the owners corporation if the committee approves.
In summary, prior to engaging a contractor, seek direction from your committee to determine how they approach any repairs relating to the building’s intercom system.
Guy Garreffa StrataPoint E: guy@stratapoint.com.au P: (03) 8726 9962
This post appears in the December 2021 edition of The VIC Strata Magazine.
Have a question about common property boundaries or something to add to the article? Leave a comment below.
Read next:
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- Why are Strata Managers so difficult to get along with?
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