The concept of body corporate, also known as strata management, plays an essential role in maintaining shared living spaces like apartment buildings, townhouses, or complexes. It often leaves property owners wondering: “What repairs are body corporate responsible for?”
This blog aims to provide you with a detailed explanation of body corporate responsibility in Australia, helping you understand the division of repair tasks and how they are managed.
Understanding the Responsibility of the Body Corporate
In Australia, a body corporate, also referred to as an owners corporation, is a legal entity responsible for managing the common property of a multi-unit building or complex. It comprises all property owners within the building, and decisions regarding maintenance, repairs, and general management are made collectively. This governing body ensures that the property is properly managed, ensuring a safe and livable environment for all residents.
When it comes to body corporate responsibilities for maintenance and repairs, it is strictly limited to common property areas. This typically includes hallways, staircases, shared gardens, car parks, external walls, and roofs. Individual property owners are responsible for their personal spaces, like the walls, floors, and fixtures inside the apartments. However, the exact definition of common and individual property can vary based on the building’s strata plan.
Body Corporate Repairs and Maintenance Scope
- Common Areas Repairs
Body corporates are primarily responsible for repairs and maintenance of common areas. This includes areas that are shared by all residents, such as lobbies, gardens, elevators, gyms, swimming pools, and exterior walls. Regular upkeep, such as painting, cleaning, and landscaping, also falls under the purview of body corporate property maintenance to ensure that the shared spaces remain functional and visually appealing.
- Regular Maintenance Obligations
Apart from repairing damages, body corporate responsibility in Australia also means conducting routine maintenance to prevent wear and tear in common property areas. This includes tasks like servicing the air conditioning system in communal spaces, maintaining fire safety equipment, and ensuring that electrical systems are in working order. The body corporate typically creates a sinking fund, which is a reserve of money allocated for long-term repairs and maintenance projects.
Is Body Corporate Responsible For Roof Leaks?
Roof-related issues are one of the most common body corporate repair scenarios. In most cases, the roof is considered part of the common property, making the body corporate responsible for fixing roof leaks or other damage. However, if a leak originates from a section of the roof that is not considered common property (such as over a private courtyard), the individual property owner may be required to cover repair costs.
What Common Property Repairs Will The Body Corporate Fix?
Typical body corporate repairs usually involve damage to shared structural elements, such as exterior walls, balconies, and shared plumbing systems. For instance, if there is a burst pipe affecting several units, the body corporate would likely be responsible for fixing it, especially if the pipe is located in a common wall or outside individual apartments.
Regular cleaning and upkeep of the common areas like landscaping of the gardens or cleaning the lobbies and parking lots also fall under body corporate property maintenance duties. For example, if a lift is not working in an apartment building, the body corporate is responsible for fixing the issue and conducting regular maintenance.
Costs and Funding for Body Corporate Repairs
Repair costs can vary depending on the nature and scope of the repair. Routine maintenance and small repair tasks are generally funded through regular levies paid by property owners to the body corporate. For larger repairs, such as structural damage to common property, the body corporate may impose a special levy to cover the cost.
In some cases, insurance may help cover the body corporate repair cost for major repairs to common property. Body corporates are legally required to hold insurance that covers the building’s structure and shared property. This insurance generally covers damage caused by fire, storm, or other disasters, though it may not cover routine maintenance or wear and tear.
How To Resolve Disputes Over Repair Responsibilities?
Occasionally, disputes may arise between property owners and the body corporate over who is responsible for certain repairs. In such cases, the owners corporation must follow a process for resolving these disputes, usually starting with a formal complaint. Mediation and tribunal hearings may be necessary if an agreement cannot be reached. It’s crucial for both parties to carefully review the strata plan and relevant legislation to determine where responsibilities lie.
Legal Compliance Duties
Body corporates must comply with state and federal legislation regarding building standards and repair obligations. This includes adhering to health and safety regulations, maintaining fire safety equipment, and ensuring that the building is compliant with the Building Code of Australia. Failing to meet these legal obligations can lead to fines and penalties, which would ultimately affect all property owners within the building.
Conclusion
Understanding what repairs a body corporate is responsible for can save property owners significant time, money, and frustration. Generally, the body corporate is responsible for maintaining and repairing the common property areas, while individual owners take care of their private spaces. By staying informed about the scope of body corporate property maintenance and repairs, property owners can ensure smooth management of their shared living spaces.
If you need help with Melbourne body corporate management services, contact BFG Asset Management at (03) 9804 8770.
