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  • #57027
    TrulEConcerned
    Flatchatter

      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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    • #57039
      Jimmy-T
      Keymaster

        … 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?

        This is perilously close to multi-posting of the same topic that’s already been posted elsewhere on the Forum. True?

        You are pushing your luck with this and it could lead to your being suspended from the forum (very true!)

         

        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.
        #57047
        TrulEConcerned
        Flatchatter
        Chat-starter

          Thanks for the reply and your patience Jimmy.

          I regret that my post was clumsily written. I am not attempting to revisit an exhausted issue. For argument’s sake, I will put aside the absence of the records.

          As mentioned, the change in the same by law (that refers to Damage to Common Property) has been to remove  the words

          “Despite s.106 of the SSMA 2015”

          I would like to know if the meaning of this by law over time is unchanged: that is, the OC owns certain assets but responsibility to maintain them has always been and currently is for the lot owner’s account.

          That is how I read the bylaws. Or am I missing something?

          #57053
          Jimmy-T
          Keymaster

            I may be mistaken but I think this refers to common property within the lot and the fact that, while it must be maintained and repaired by the OC, it must not be damaged by the lot owner. If it is, the lot owner is liable for repairs to it.

            In other words, I think this is the opposite of your interpretation.

            The OC is usually responsible for repairs to common property except when the lot owner has done something that necessitated the repairs.

            For instance, if your ceiling is common property and you drill holes in it, say, to fit downlights, then you have to repair any damage caused as a consequence of those changes.

            One other exception to the OC being responsible for common property would be when an owner has been allowed to change common property and has agreed to assume responsibility for maintenance and repairs as part of the by-law allowing them to make the changes.

            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.
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