Confusion over who is actually responsible for repairs within a strata scheme can often occur.
So, let’s simplify NSW strata repairs responsibility here, step by step:
i) Defining the common property for your particular scheme – you will need a copy of the strata plan for your strata property. Your Sydney strata manager (or the secretary if you are self-managed) can provide this to you. Note especially things like balconies, garage doors, fencing, exclusive use.
ii) The Owner’s Corporation is responsible for common property – which is defined as anything that is not in any lot’s air space.
iii) There is a rule around balconies – depending on if your strata plan was registered before 1974. If it was registered before 30 June 1974, it is the owner’s responsibility unless the strata plan specifically says otherwise.
Plans registered from 1 July 1974 are the Owners Corp. responsibility to maintain. For further information, click here
iv) Another thing that can alter the rules around who is responsible to repair an item, is a bylaw – previously known as an exclusive use bylaw, now called a works bylaw. The usual arrangement for an owner having the right to change or exclusively use/control an area of common property is that they must maintain that work/area themselves rather than the scheme doing so. Read the bylaw wording carefully to understand the specific repair and maintenance responsibility related to your strata plan.
It's important to note that bylaws are specific to each scheme and registered on the Certificate of Title, so even moving from one Sydney strata property to another Sydney strata plan would likely hold a number of differences in the bylaws created as they relate to any particular building. A copy of your strata bylaws can be provided to you by your strata manager if you are an owner in the body corporate, whether or not you are on the strata committee. However if you are a self-managed strata scheme (i.e. if you have no strata manager) then ask the secretary of the scheme for an updated copy of your building's bylaws to clarify what is and what isn't common property.
If you need further guidance as to the general rules around whether something is your responsibility to repair – please refer to the “Who Is Responsible Guide” for NSW strata schemes, download the NSW Strata Community guide in PDF here.
Of course, if you are still unsure as to which category an item fits into after reviewing the above, we would be happy to chat this over with you – just call Progressive Strata on (02) 9389 9599 or email us at firstname.lastname@example.org or fill in our contact form.