Responsibility for strata property defects is not a clear-cut case6-November-2012 Property By admin
Owners of strata apartments or other strata property need to be aware that strata schemes and owners’ corporations are not automatically responsible for rectifying defects to common property.
Streeterlaw solicitor Evatt Styles said it is important for property owners and investors to investigate the detail of their strata plan to find out who will have to pay for damage to common property, as The Strata Schemes Management Act 1996 does not clearly identify the responsibilities of the Owners Corporation.
“Deciding who is responsible for fixing the defects depends on a number of things: the type of strata plan the owners are part of; whether any specific resolutions have been passed by the owners’ corporation; whether any by-laws have been passed which absolve or amend the owners corporation’s maintenance responsibilities; and whether or not these by-laws or resolutions are lawful,” Mr Styles said.
Mr Styles wants to invite anyone who is a member of a strata scheme who is concerned about the process they are facing in rectifying defects to contact him.
“All we would need to help resolve the matter are the details of your lot and strata plan number and the nature of the defects affecting the lot,” Mr Styles said.
“We can arrange for a Case Appraisal Conference to discuss the prospects of success not only in your claim, but also in negotiating with the owners’ corporation/lot owner, proceeding to a mediation in the Consumer Trader and Tenancy Tribunal, followed by an Arbitration Hearing, and whether there are any other courses of action available to you.”
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