› Flat Chat Strata Forum › By-laws and outlaws › Defining OC v owner responsibility. › Current Page
I agree with Austman. Check your development plan.
A similar situation exists in QLD where developments such as villas and some townhouses can be registered under a Standard Format Plan. Maintenance responsibilities are very different from Building Format Plans. Building Format Plans usually apply to multi storey developments, and some town houses.
However, if roof maintenance is part of the OC responsibility and there is no By-law etc that indicates otherwise then the ‘new’ owners have a legal right to request that the OC undertakes its responsibilities.
I can understand the other ‘old’ owner’s concerns however, the ‘new’ owners were not party to the original ‘gentleman’s agreement’ made between all of the previous owners and they probably had no knowledge of them when they purchased their Lot. You may be able to win the ‘new’ owner’s agreement to the previous maintenance but they would not be compelled to agree if they chose not to.
In principle the Owners Corporation <u>must</u> maintain the common property. My suggestion is that if an agreement can be reached with the ‘new’ owners then a By-law (approved by Special Resolution) be created ASAP to prevent this situation from arising again, as suggested by SH.
Seek legal advice when writing this By-law as it may be challenged if not carefully constructed. Be aware that there are some situations where an OC cannot opt out of their duty to maintain the common property, even with a By-law, and these include situations where the safety of any building, structure or common property in the strata scheme are involved.