Hi again
Don’t agree with the OC Manager – nothing here to see regarding “sole access”. If it’s common property then the OC is obliged to maintain it, end of story.
DaveB
See
UNIT TITLES (MANAGEMENT) ACT 2011 – SECT 24
Maintenance obligations
(1) An owners corporation for a units plan must maintain the following:(a) for a staged development—the common property included in a completed stage of the development;
(b) for a development that is not a staged development—the common property;
(c) other property that it holds;
(d) the defined parts of any building containing class A units (whether or not the defined parts are common property);
and here are the “defined parts”
“defined parts”, of a building containing class A units, means—
(a) the following structures in the building, if load-bearing:
(i) walls;
(ii) columns;
(iii) footings;
(iv) slabs;
(v) beams; or
(b) any part of a balcony on the building.
@Austman said:
Thanks for the response.It’s a Class A unit. It’s a repair/maintenance issue. The external terrace/courtyard doors no longer close properly and can’t even be locked. They seem to be out of alignment or maybe the rollers have worn out. This is a ground floor unit and the doors open to a private walled terrace/courtyard area. The unit above has a balcony instead and a similar sliding door arrangement to that balcony.
The OC manager has now told me maintenance of these doors is an owner responsibility because “The door is not typically considered to be a common area issue, they form part of the unit that the unit occupier has sole access to, therefore the doors would be considered to be the individual owners issue to repair.”
It seems the OC manager considers “sole access” to be a reason for the OC not to maintain them. The balcony doors would be sole access too.
Is the OC manager correct?