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Hello, I’m hoping for some guidance on how responsibility is typically determined in a NSW strata scheme.
In a townhouse strata complex, the courtyard boundaries for each lot are defined by a stratum statement that extends a certain distance below ground and above the surface level of the adjoining floor.
If an underground sewer pipe within a lot’s courtyard boundaries is damaged (for example by tree roots) but connects to a main sewer line servicing multiple lots, and the damage is at or near the junction between the lot’s branch pipe and the shared line, how is responsibility usually determined: the lot owner or the owners corporation?
I understand that common service lines are generally considered common property, but I’m unclear how this interacts with a courtyard stratum that extends below ground. Does the stratum boundary override the owners corporation’s responsibility to repair common property, or does common property remain the owners corporation’s responsibility regardless of the stratum?
Any insight on how this is usually interpreted in NSW strata schemes would be appreciated.
Thanks!
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Your circumstances seem very specific but, generally speaking, any common services that run through lot property are the responsibility of the OC. Otherwise, (intheory) you could say, OK, this pipe junction is causing me too much trouble so I am closing it off.
If the OC disagrees, then take it to Mediation and then if necessarythe Tribunal where you will get some kind of definitive response.
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