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  • #72673

      I have a by-law in my scheme that absolves the O/C of maintenance obligations and puts the obligation on the lot owner for fixtures, fittings, and services.

      For alot of these, they are for fixtures inside the property that the lot owner can see, or relate to internal walls which you would expect to be responsible for.  Seems sensible enough.

      However, although a little poorly worded, it seems to include all plumbing that services the lot, even when the plumbing is in the common property!  That is how the strata manager is interpreting it.

      This is exceptionally problematic when the plumbing is in the common walls.  As you can imagine, I’m writing this because a leak has happened in exactly that place and I am up for repair costs.

      The full by-law is below.  I cannot find anything online like it.  It seems really oppressive… opinions and suggestions are very welcome!



      23 Absolution of maintenance for locks and fixtures and fittings
      (1) The intent of the By-law is to provide definition of the maintenance responsibilities of the fixtures and fittings within a lot and any appliances that only service a single lot within the strata scheme. The intent is that any fixture or fitting contained within the lot, whether specified in this by-law or not, and any appliance that only services one lot, whether specified in this by-law or not, shall be deemed to be the maintenance responsibility of the lot owner by virtue of the owners corporation absolving its maintenance responsibilities for same pursuant to section 106(3) of the Act. Any item specified in this by-law that is afforded cover for damage due to an insurable event by the owners corporation’s insurance policy will still be protected by that insurance.
      (2) The owners corporation specially resolves and has specially resolved in accordance with section 106(3) of the Strata Schemes Management Act 2015, and each owner accepts, that:
      (a) it is inappropriate to maintain, renew, replace or repair any Fixtures; 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.
      (3) Each owner must properly maintain and keep in a state of good and serviceable repair their lot’s
      Fixtures, including all common property forming part of or altered by those Fittings, and must renew or replace any relevant fixtures or fittings as and when necessary.

      (4) Each owner indemnifies the owners corporation in respect of any loss, damage, injury or cost, to
      the extent it is caused by or arising out of the Fittings servicing or contiguous to their lot.
      (5) Each owner must at his cost promptly make good any damage to the common property or any other lot in the strata scheme caused by or arising out of their lot’s Fittings.
      (6) In this by-law 23, Fixtures means any of the following servicing or contiguous to a particular lot, where they only service that one lot, and wherever located:

      (d) all plumbing including internal pipework, and all internal waste and drainage pipes including connections to the common stack



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    • #72747

        As a general rule, for things like TV antennae, electrical wiring and lighting, if it serves one lot only, it is lot owner’s responsibility.  I think you would apply that idea to plumbing.  How many lots does that pipe serve?

        This by-law looks like it was written because owners were fed up with paying for repairs in other people’s lots.  Even though it was common property, the repair might have a bigger benefit for one lot owner than anyone else.

        If you think this by-law is oppressive, ask a strata lawyer to look at it.  You can go to NCAT and have that by-law removed if the member agrees it is oppressive.

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