#24731
Jimmy-T
Keymaster

    Just to drive home the difference referred to by Whale, owners corps can, by special resolution, agree not to maintain common property, provided it doesn’t affect the safety or appearance of the strata scheme.

    Apportioning responsibility to owners is another matter.  If the owner doesn’t want to spend money fixing up common property within their lot, then it’s up to them, provided the above exclusions are addressed. But it would take a unanimous decision to pass responsibility on to individual owners, rather than just taking it away from the owners corp.

    Just as an example, the Owners Corp could not legitimately decide not to maintain automatic closers on apartment front doors as that would affect the safety of the building.  But they might decide not to repair and maintain electric garage door equipment (on individual garages) as that is neither a safety nor an appearance issue. 

    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.