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In a small group of townhouses in Victoria, we have some rising damp which members of the committee believe affects the integrity of the building. Some of the walls affected are external walls abutting common property and some are boundary walls separating lots from each other. The vertical boundaries aren’t specified on the plan of subdivision so I understand that the vertical boundaries default to the median of the external walls or boundary walls between lots. Should the OC fund the repair of all walls because it affects the building’s integrity? Or should the OC make a contribution, say 50% to the repair of the walls which abut common property and let the owners of the shared vertical boundary walls look after their own costs? Thanks.
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Have a look at the strata plan of your building. I’d guess the parts of the walls that needs action (which will be quite low down, below your floor level) is common property. Even if the wall is yours above floor level, and that may be where the damp is evident, the bottoms will be common property.
I know in apartments, adjoining walls are common property. Is that different in townhouses and/or Victoria?
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.
It is different in Victoria.
For a start a “unit” often means a villa house – not an apartment.
The OP’s strata seems typical of older strata plans in Victoria where the plan number begins with RP or SP. In those type of horizontal strata plans the lots typically own the land below and airspace above their lot to a certain distance (eg four feet or one metre). And lot boundaries are typically “median” which means they are 50/50 with another lot or 50/50 with common property.
It can make the cost sharing of boundary wall maintenance “interesting”.
One way, if the OC passes a Special Resolution, is for the OC to decide to pay for all of the works regardless of if it’s to lot or to common property. That can make logical and even financial sense. But it does need a Special Resolution to approve it.
Are there any owners in the scheme who are not affected by this?
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.
I assume you suggest a special resolution because it’s a change to the rules?
It’s s.12 of the Owners Corporations Act 2006 (VIC). That section allows, by Special Resolution, an OC to provide a “service” to lot owners. That service can include the maintenance of lot property.
It can make sense where considerable works that affect multiple lot properties are needed. The OC can get it all done in one go and raise the funds accordingly. It can make even more sense when there’s both lot and common property involved.
Else it can be a complicated matter of appropriating costs. It’s up to the owners to decide which way to go.
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