By-law absolves OC of all responsibility

I live in a small strata complex (14 units) in NSW. Recently we had an AFSS inspection and my lot was identified as having some non-critical issues. I accept that when I had the lights changed from the ‘drop down’ type to recessed, the electrician did not use the correct lights – I will fund this. However, the exhaust in the bathroom also needs fixing – it services our lot only and has been there since the apartment was built. I have been advised that I need to fix it and the AFSS  contractor has stated I need to attach it to a ‘ceiling timbers (inside the roof cavity), it also needs ‘a box with appropriate dampers’. I am concerned about taking over responsibility for the ceiling timbers – surely this is an owners corporation expense?

I called the strata manager who said our strata has an Absolution By-Law – which means all responsibility has been passed onto the owners. Surely this is incorrect. Other lots have to have their from doors (fire rated) fixed at their expense.

The Absolution by-law seems to be a bit of an overreach.

I’ve asked for the documentation regarding who proposed the by-law and whether it was reviewed by a lawyer before being presented, but the strata manager was not able to provide any details.

By-Law

In accordance with section 106 of the Act, the Owners Corporation has deemed it inappropriate to repair, maintain, replace or renew any of the following items that are associated with the fixtures and fittings within an owners lot within the Strata Scheme;

Internal Areas

All decorative finishes within a lot, including but not limited to;

All Cornices
All Skirting Boards
All Architraves and Internal Door Jams
Wall tiles wherever located, including kitchen, bathroom and laundries
Floor Tiles wherever located, including kitchen, bathroom and laundries
False Ceilings
Mezzanines, Stairs and Handrails
All paintwork and wall paper
The cleaning of mould throughout the lot where the causative factors are purely environmental
Bathroom, Ensuites and Laundry Areas

All Bathroom, Ensuite & Laundry fixtures and fittings, including but not limited to;

All taps and internal pipe work
Shower screens
Bathtub, including internal floor waste and drainage pipes
Sinks and hand basins including internal drainage pipes,
Cabinets and mirrors
Toilet pan, including cistern and internal waste pipes
All lights, light fittings and exhaust fans that only service the lot, wherever located

Kitchen Areas

All Kitchen fixtures and fittings, including but not limited to;

All taps and internal pipe work
All internal waste and drainage pipes, including connection to the common stack
Bench tops
Sinks and insinkerators
Ovens, Stoves and Cook Tops
All lights, light fittings, exhaust fans and rangehood’s that only service the lot, wherever located, including ducting and external ventilation points

Floor Coverings

All carpet within the lot
All floor tiles, wherever located, including kitchen, bathroom, laundry and balcony tiles
All Floor boards, whether floating or fixed

All parquetry, linoleum, vinyl and cork tiles wherever located

Balcony/Courtyard Areas

All tiles, pavers and decking
All stairs and handrails within the balcony or courtyard area
All awnings, pergolas, privacy screens or louvers, whether originally or installed by the lot owner subsequent to the registration of the Strata Plan
All plants and grassed areas within the balcony or courtyard
The pruning, trimming or removal of a tree or trees, including damage caused by roots
Fences that divide two lots
All lights, switches, light fittings and wiring within the balcony or courtyard of the lot

Electrical Fittings & Appliances

All lights and light fittings, including switches that service only one lot, including down lights and transformers that may be recessed in the ceiling
All electrical sockets and wall plates
Electrical main and sub-main that services only one lot including fuses wherever located
Smoke Detectors that only service one lot
Alarm Systems that only service one lot
Individual Garage Door Motors
Telephone, Television, cable television and internet wall plates and cabling that only services one lot, wherever located
Split system and ducted Air-conditioning systems, including condenser units and all associated equipment wherever located that only service one lot;
Ceiling Fans
Electrical or Gas Hot Water Heaters and all associated equipment that only service one lot, wherever
Any general appliance, such as a dishwasher, microwave oven, clothes dryer or other that is designed to only service a single lot.

Front Door, Balcony Doors, Windows and Garage Area

All flyscreens and security screens/doors fitted to the windows, doors and balcony doors of the lot, whether installed originally or subsequently by the lot owner;
Automatic door closers
Any locking device or door furniture installed on the front and back doors, balcony doors or windows of the lot, whether installed originally or subsequently by the lot owner;
Supplying or replacing swipe tags, fobs, security passes, restricted keys or remote control units that operate common entry doors and garage doors at the scheme.

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