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Our current by laws has the following clause:
The owner of a lot must:
(a) maintain and keep in a state of good and serviceable repair any installation or structure referred to in cl. (3) that forms part of the common property and that services the lot and
(b) repair any damage caused to any part of the common property by the installation or removal of any locking or safety device, screen, other device or structure referred to in cl. (1) that forms part of the common property and that service they lot.
Note to readers: cl. (3) refers to common property structures, screens and locking mechanisms and cl.(1) mentions a lot owner must not mark, paint, drive nails or screws etc or damage or deface any structure that forms part of the common property …
The above replaced the following clause:
Despite s.106 of the SSMA 2015, the owner must maintain and keep in a state off good and serviceable repair any installation or structure referred to in clause (3) that forms part of the common property and that services the lot.
Note to readers: 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
I have three questions:
1. It seems to me that while some words have been changed in the clauses, that the structures remain owned by the OC. True?
2. That in both clauses the responsibility for repairs and maintenance falls on the lot owner. True?
3. The OC has in the past twice paid for repairs/maintenance of such structures. Once to the Sec of the OC (he insisted on a replacement of a gate that serviced his lot alone rather than its repair, paid for the work with OC funds and refused to have a SC meeting discuss let alone approve this outrage) and the OC paid for a similar structure that serviced the lot of the Chair.FYI: In the building most not all lots have an identical structure (a gate that services their lot alone).
In March I asked for repairs to my gate be undertaken by the OC. It took the managing agent over three months to reply.
His email indicated that the by laws make the repairs/maintenance my responsibility. When I then informed him that previous expenditure by the OC on the Chair and Sec.’s gates, the agent fell silent. FWIW, the agent previously made available to all owners a portal with all of the alleged strata records in it, but surprise surprise, I cannot find details of the above expenditures. While I will fossick through my archives, I feel that concealing or losing vital records – that fall well within the 7 year rule – is a breach(es) of the SSMA. True?Any suggestions?
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