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Topic
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We have adopted Memorandum AG600000 [The Who’s Responsible ..? Document] which identifies common property and owners property. Our strata units were built in 1985.
Since then most owners have repaired or replaced what were common property items at time of build eg tiling, paving, doors, fly screens, and it is clear ongoing maintenance of those items is now their responsibility.
One owner has not made any changes since her unit was built. Question is for how long is the Owners Corporation responsible for maintaining the original items using fly screens as an example.
Is it possible to enact a by law to amend AG600000 so that such items are not Common Property.
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My understanding is that the ‘Who’s responsible?’ document was just a consolidation and interpretation of a number of issues related to common property. In it, it says original fly screens should be maintained by the owners corporation.
I also think (and I hope one of our stratagurus will correct me if I’m wrong) that the transfer of responsibility for common property requires the approval of the owner or owners who are taking on that responsibility.
It’s not the other owner’s fault that her neighbours have fixed up their common property at their own expense. Perhaps they should have been thinking more as a community and less as individuals.
My solution would be to offer to fit new fly screens at the owners corp expense provided she (and all the other owners) agrees to a by-law that transfers ongoing responsibility to the individual owners.
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