Most inquiries about scheme management centre is around figuring out who's responsible for repairs, upkeep, and replacements within the scheme. It's no surprise that people often prefer to pass on these tasks and expenses to others.
Frequently, unit owners spot issues within their sections and turn to the trustees for resolution. While they acknowledge their duty to fix problems within their sections, they may argue that the body corporate should shoulder the responsibility, especially when it concerns a structural matter. Importantly, the Sectional Titles Schemes Management Act doesn't cover matters of structural importance. The mere fact that a building component is structurally significant doesn't automatically make the body corporate liable for repairs.
Trustees might also assume that if a common property element, like a pipe or meter, exclusively serves one owner, that owner should foot the repair bill. Yet again, the STSM Act doesn't support this perspective.
Things get complicated when owners claim that a defect in their section, like a crack, results from an issue in the common property, such as a flawed foundation. In such cases, seeking expert opinion becomes crucial. Nevertheless, most issues can be simplified. Advising owners to ponder these four questions usually leads to a solution:
- Considering the section boundary on the sectional plan, is the repair or maintenance required: a. Inside the section? If so, and subject to point 2, it's the owner's responsibility to handle and cover the costs. b. Outside the section? If so, and subject to point 3, it's the body corporate's duty to carry out the work and bear the expenses.
2️. If the issue is within the section, does it involve a common pipe, wire, cable, or duct that serves more than just that section? If so, it's the body corporate's responsibility to carry out the work and incur the expenses.
3️. If the issue is outside the section, does it fall under exclusive use rights? If so, the body corporate is obliged to perform the work and recover the costs from the owner.
4️. Is there a scheme rule or registered condition that alters the principles outlined in the STSM Act? In such cases, the rule or condition will specify who's responsible for carrying out and financing the work.