Clarifying repair responsibilities in strata schemes

A leaky roof or a broken elevator—who handles these repairs in your strata property? Clarifying repair responsibilities for strata schemes can be challenging, especially when it comes to distinguishing between owner and owners corporation duties. Whether it’s maintaining internal fixtures or addressing common property issues, understanding these responsibilities ensures smooth management and prevents unnecessary disputes.

At All Suburbs Strata Management, our team has over 40 years of experience in residential strata management in Greater Sydney, Nepean, and the Central Coast. If you’re wondering who’s responsible for a repair you need, you’re not alone. It’s a common question. Here, we break down the key responsibilities, outline the process and provide practical steps for resolving repair disputes.

The responsibility for repairs depends on the type of repair needed. Generally, property owners are responsible for maintaining anything within their unit, while the owners corporation or strata committee handles repairs and maintenance of all common property. If you are unsure who should handle a repair, it is a good idea to consult your strata plan and by-laws.

For owners, internal repairs include ceiling changes, internal walls, carpet, painting or wallpapering, windows (unless inaccessible due to high-rise living), plumbing within internal walls and fixtures, water damage originating from inside your property and broken appliances.

The owners corporation’s common property responsibilities include the roof and gutters, ceilings (excluding painting and any changes made by the owner), boundary walls, concrete slabs, carpets and lights in common areas, recessed ceiling lighting, garage repairs, balconies and balcony doors, windows, plumbing in boundary walls and under the floor, and water damage from common property.

Common property generally includes areas used by all residents or essential structural elements like driveways, gardens, roofs, pipes, cables and external walls. You can check your strata plan and by-laws to see what’s classified as common property in your scheme. If there’s no definition, your strata scheme can adopt the NSW Government’s common property memorandum.

If you notice issues in common areas, notify your strata manager, building manager, or strata committee. Minor repairs are handled by any of these parties without the need for a meeting, and most are funded by the administrative fund.

The owners corporation must create a 10-year capital works plan predicting major repairs and their costs, and this is funded by strata levies. Lot owners receive 30 days’ notice for regular levies or 14 days for emergency repairs. A strata committee meeting may be required to approve contractors or costs above spending limits. You can check your by-laws for specific rules. The plan should also outline a detailed maintenance schedule for the property.

If you have an emergency like a burst pipe or a major roof leak, you need to act fast to prevent more damage. Notify your strata manager straight away or consult your strata committee for advice. Check your strata management company’s website for a list of emergency tradespeople to hire. If there isn’t one, the choice is yours. At ASSM, we have an extensive network of reliable contractors who can handle the repairs you need.

Once the repair is complete, you may be eligible for a refund from the owners corporation. To claim, you’ll need to show the repair was caused by something they are responsible for and demonstrate the urgency. We recommend taking photos and asking the tradesperson for a written description of the issue and the solution.

If you’re a tenant in a strata property, contact your real estate agent or landlord to arrange any necessary repairs. If it’s outside business hours or you’re unable to reach them, refer to your lease agreement to identify which repairs are considered ‘urgent’ and if any nominated repairers are listed. In some cases, you may be able to call an emergency tradesperson and seek reimbursement from your landlord.

If there’s a dispute over repairs to common property, the owner, landlord or tenant can request mediation through NSW Fair Trading. Mediation is a service that can help resolve issues when there’s disagreement about repair responsibilities.

If the owners corporation refuses or is unclear about who should make the repair, you can raise the issue at the next general meeting. This allows everyone to discuss and clarify who is responsible.

Should the issue remain unresolved, mediation through NSW Fair Trading can help both parties reach a solution without further legal intervention.

It’s the nature of life for things to go wrong sometimes, even in a strata building. From sewer blockages to broken glass or storm damage, unfortunate issues are inevitable. That’s why there’s a clear process for requesting repairs and maintenance to get everything back on track.

Having a proactive strata manager can simplify repair management for you, ensuring that issues are promptly addressed and resolved with minimal disruption. They can coordinate with contractors, handle paperwork and keep you informed throughout the process, making it much easier to maintain a well-functioning and safe building.

At ASSM, we have over 40 years of experience in strata management for residential, community, commercial and industrial properties. We offer strata repairs and maintenance services that are responsive and fast. If you have questions about strata repair responsibilities, our experienced team is here to provide guidance.

Additionally, we offer developer assistance for registration preparation, along with comprehensive strata reports and inspections.

Our team can ensure your strata scheme runs smoothly. If you are considering buying into a strata scheme or want to secure a professional and qualified team, contact ASSM today.