Flat Chat Strata Forum Common Property Old lift Current Page

#28448
Jimmy-T
Keymaster


    @Ziggy
    said:
    Regardless of the defeat, is the OC still obligated to fix a dangerous, noisy unreliable lift?  

    We seem to be going round in circles on this and it really could not be simpler.

    Under section 106 of the Act (below), the owners corporation has a duty to “properly maintain and keep in a state of good and serviceable repair the common property … “

    That duty remains regardless of whether it has the funds or inclination to do so.

    The OC can decide by special resolution (only) not to not to do so provided “it is inappropriate to maintain, renew, replace or repair the property” AND “its decision will not affect the safety of any building, structure or common property in the strata scheme.”

    You have enough ammunition right there to get orders from NCAT under section 106.  You have already had the mediation.  I think it’s time to get on with it. The decision of the owners corp to do nothing has no standing in this regard. 

    The law was designed precisely for situations such as yours. I suggest you use it.  Costs etc are not an issue at this stage so don’t even go there.  The simple fact remains that the Owners can decide to do nothing if they want, but that doesn’t alter their statutory obligations.

    106   Duty of owners corporation to maintain and repair property

    (1)  An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.

    (2)  An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.

    (3)  This section does not apply to a particular item of property if the owners corporation determines by special resolution that:

    (a)  it is inappropriate to maintain, renew, replace or repair the property, and

    (b)  its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.

    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.