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@Austman said:
What does the OC Act (in NSW) say?
It’s similar to Victoria … except there’s no distinction made about services to individual lots.
62 What are the duties of an owners corporation to maintain and repair property?
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
(3) This clause does not apply to a particular item of property if the owners corporation determines by special resolution that:
(a) it is inappropriate to maintain, renew, replace or repair the property, and
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
The recent “Who’s responsible …” memorandum has set out to clarify some of these issues but unless it’s adopted as a by-law, the presumption is that anything that’s IN common property IS common property or at least OC responsibility. For instance, water pipes servicing only one lot but in a common property wall would be considered an Owners Corp responsibility.
And even the ‘Who’s responsible’ document has flaws including apparently saying that the Owners Corp doesn’t have to make good the damage caused by a failure of common property water pipes (for instance) but does have to repair the damage caused when repairs of the original issue are being effected. That one still has me scratching my head.