#52002
Jimmy-T
Keymaster

    There’s a very important condition attached to the by-laws that allow people to change common property – and that says that unless responsibility for affected common property is passed to the lot owner, then is stays with the owners corporation.

    Section 54 (1) of the strata Act 1996 (under which this work would have been done) says, under “By-law must provide for maintenance of property” 

    (1)  A by-law to which this Division applies must:

    (a)  provide that the owners corporation is to continue to be responsible for the proper maintenance of, and keeping in a state of good and serviceable repair, the common property or the relevant part of it, or

    (b)  impose on the owner or owners concerned the responsibility for that maintenance and upkeep.

    If the strata scheme didn’t demand a by-law or invoke section 1(b) when the work was done, the pipes probably remain common property and the owners corporation is probably liable for fixing your ceiling.
    However, if there is a registered by-law that imposes responsibility for the pipes on the lot owner (under 1b) then it’s your responsibility.
    If the building manager can’t show you proof that the by-law exists, then the owners corp should pay up. It’s not the current owners’ fault if previous owners let it through on a nod and wink, but then it’s not your fault either.

     

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.