A memorandum defining who is responsible for the repair, replacement or maintenance of an item or area in a strata scheme has been produced by the NSW Strata Industry Working Group to provide more certainty for strata owners and owners corporations in dealing with items of common concern.
In a recent bulletin, the group reported that uncertainty in dealing with the maintenance or repair of items in a strata scheme has created confusion and expense for owners and owners corporations, as no specific details on who is responsible for maintenance or repairs are found in any of the relevant strata laws. The group also points out that trawling through the history of cases that have already been decided by the courts and that might give some guidance can take time and may not uncover the latest decisions.
The group’s memorandum is now available for use by both new and existing strata schemes and you should consult your solicitor if you believe it could help in your development.
For existing strata schemes, a change of by-law would have to be lodged with the appropriate government agency. For new schemes, the memorandum can be adopted by the developer early in the preparation of the strata plan documentation.