#18488
Jimmy-T
Keymaster

    It’s not unusual for Owners Corps to adopt this Memorandum as a by-law (because it doesn’t have any legal effect until they do).  But it is a flawed piece of work and the grey areas between common an private property are where the cracks really show.

    In your case, I would say that where a pipe has entered your property is when it might become your responsibility and if it’s in common property, like an external wall or in the ceiling, it hasn’t entered your property.

    Elsewhere today we’ve had one of our StrataGurus Whale explain why a by-law telling everyone they have to look after their own windows isn’t legal because it attempts to over-rule strata law. 

    H quotes the Act saying this:

    Sect 62 (3) of the NSW Strata Schemes Management Act (SCMA) only permits an O/C to make that decision where it “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.”

    I would argue that relinquishing control of water pipes in common property might compromise the safety of common property – if there was a leak and you chose not to attend to it – and therefor that clause might render the by-law defunct.

    The “who owns what” Memorandum is a helpful guide but when Owners Corps use it to shed all their responsibilities, it becomes a dangerous document.  I reckon you could challeng e the by-law now or in the future if a problem ever occurred.  

    Look at it this way, if there is a fault with common property that causes a leak in a pipe, why should it be your responsibility?

    Sounds like what you need is a good hard look at your levies and realistic plan to get back in the black.  Stopping people from making legitimate claims for repairs isn’t going to do the trick.

    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.