One of the biggest causes of disputes in strata schemes is the question of who is responsible for repairs and maintenance. NSW law clearly distinguishes between common property, which is managed by the owners corporation, and items within a lot, which are the lot owner’s responsibility. Recent reforms also impose stricter duties on the owners corporation to maintain common property.
The owners corporation must maintain and repair the common property. Common property generally includes the physical structure of the building—floors (excluding floor coverings), walls, ceilings, doors and windows, pipes, wires and cables that service more than one lot, waterproofing membranes, and common assets like lifts. The owners corporation must repair and replace these items even if funds are low; failure to do so can result in orders and penalties.
Lot owners are responsible for fixtures and fittings within their lot, including carpets or floor coverings, light fittings, internal doors, appliances, and any improvements or additions they have installed. They must keep their lot in good repair and must not interfere with the building’s support or services (e.g. cutting into structural walls or altering common plumbing).
Minor repairs can often be approved by the strata committee or managing agent without a meeting. For repairs to common property, submit a written request via your strata portal or email, including details and photos. Emergency issues (e.g. burst pipes) can be phoned through to the strata manager or building manager. Under section 106 of the Act, the owners corporation must maintain common property within a reasonable time; from 2025, NSW Fair Trading can issue compliance notices if the corporation fails to act.
If damage to a lot is caused by a failure to maintain common property, the owners corporation may be liable. Affected owners can seek orders for reimbursement or compensation. Conversely, if a lot owner causes damage to common property, they must pay to repair it. Owners should notify the strata manager as soon as they notice defects.
Urgent repairs (e.g. overflowing sewer, electrical hazard) should be reported immediately. The strata manager may authorise contractors to attend without calling a meeting. Owners should only arrange repairs themselves if they cannot contact the manager and the damage will worsen; receipts should be kept for reimbursement. The 2015 Act allows the owners corporation to ratify emergency work at the next meeting.
Major repairs and upgrades (e.g. replacing roofing or lifts) usually require quotes and a special resolution (no more than 25 % of votes against) at a general meeting. Schemes must also prepare and fund a 10‑year capital works plan. From 2025, standard forms for this plan will be mandatory and must be reviewed every five years. The new reforms also extend the limitation period for owners to claim compensation from 2 years to 6 years, giving owners longer to pursue repairs.
Owners can apply to NSW Fair Trading for a compliance notice or to the Tribunal for an order compelling the corporation to carry out the work. The 2025 reforms empower Fair Trading to investigate failures to maintain common property and issue penalties or appoint a compulsory strata manager. Under section 106, the owners corporation may be liable to pay damages to owners who suffer loss because of the failure to maintain common property.