Steps to take for non-compliance with maintenance obligations

The good life demands a lot of maintenance – Lisa Wingate

Living in strata means different parties are responsible for property maintenance. Generally:

1. an owner must maintain their lot; and
2. a body corporate must maintain its common property and, if subdivided by a building format plan, other items such as roofing membranes.

There are steps that can be taken if one party is not upholding their maintenance obligations.

What can an owner do if required maintenance is not being carried out by the body corporate?

1. First, an owner can ask the body corporate to do so.
2. If no action is taken, an owner can submit a motion with a quotation (two if it is above the major spending limit) for the maintenance. The committee can decide that within its spending limit. If it is outside, the owners can decide that in general meeting.
3. Finally, an owner can apply to the Office of the Commissioner for Body Corporate and Community Management (Commissioner’s Office) for an order that the body corporate carry out the maintenance. Before applying an owner must carry out internal dispute resolution, such as asking and/or submitting a motion.

A body corporate can’t avoid maintenance because it has insufficient funds. It is required to raise a special levy to fund that.

What can a body corporate do if required maintenance is not being carried out by an owner?

1. First, a body corporate can ask the owner to do so.
2. If it is also a breach of a by-law, a body corporate can issue a by-law contravention notice.
3. If necessary, a body corporate can apply to the Commissioner’s Office for an order that the owner carry out the maintenance.

The body corporate may also be able to carry out the maintenance and recover the cost from the owner.

In our experience, avoiding required maintenance to try and save funds is inevitably a false economy.

To discuss this topic, or body corporate issues more generally, contact our friendly team.