Who is Responsible

Who's Responsible?

A guide to common property

nsw.munity ABN 74 001 767 997

Introduction

Common Property is defined in the Strata Schemes Development Act 2015 as `so much of the parcel as from time to time that is not comprised in any lot.'

Generally speaking, in most strata schemes, the lot owner owns the airspace and everything in it within the boundary of the unit. They don't own the main structure of the building.

The owners corporation is responsible for the repair and maintenance of common property.

This publication provides a list of items found within a building that could generally be considered common property. However, depending on the history of the building, renovations and by-laws, determining what is and isn't common property is a complex matter. In most cases you will need to refer to the strata plan and by-laws to determine who is responsible for repairs and maintenance.

SCA (NSW) recommends that you seek legal advice.

How to use this publication

The tables on the following pages provide a general list of who is responsible the owner or owners corporation (OC) for repairs and maintenance. Additional information on each item can be found in Appendices 1 and2.

To help you determine if something is actually common property you need to inspect a copy of your registered strata plan and a current search of the most recent common property title. Copies of the strata plan and searches of the common property title can be purchased through LPI. Check your registered by laws as these all come into effect when determining if something is common property or not.

Disclaimer

The information provided above is provided as a general guide only. Actual cover is dependent on the prevailing insurance policy terms, conditions and exclusions that may apply with the insurer at the time of loss and applicable law from time to time.

While every effort is made to ensure that the above information is generally accurate and correct, no warranty or guarantee is given by SCA as to the accuracy or correctness of such information, and SCA accepts no liability for loss or damage arising out of the use of such information.

The information provided is not a substitute for individualised professional advisory or legal advice.

No person should act or refrain from acting on the basis of the information provided by SCA.

SCA disclaims all responsibility and all liability for any expenses, losses, damages and costs which may be incurred for any reason whatsoever as a result of the information provided by SCA".

Strata Community Association (NSW) Who's Responsible

1

Guide

Type

Item

Balcony Balcony Balcony Balcony Balcony Balcony Balcony Balcony Balcony Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Bathroom Ceilings/Roof Ceilings/Roof Ceilings/Roof Ceilings/Roof Ceilings/Roof Ceilings/Roof Ceilings/Roof Ceilings/Roof Courtyard Courtyard Courtyard Courtyard Courtyard

Door, flyscreens/Security door Door, window & wall Painting of Balcony Ceiling Clothesline Columns Railings Awnings Tiles Water leaking through wall or floor Bathroom Cabinet and/or mirror Blocked floor drain Burst pipe general Cracked bath/handbasin Dripping "S" bend under sink Ducting covering stack Exhaust fans Hot water service - exclusive to a lot Leaking pipes under sink Main stop cock to unit Plug and waste in bath Shower Screen repairs Toilet bowl Toilet Cistern Water leaking from bath Water leaking from shower Water leaking from shower taps Water leaking through tiles Ceiling cornices Exhaust fans False ceilings Membranes Paintwork Plastered Ceilings TV Aerial Vermiculite Ceilings Fencing Pavers Clothesline Guttering on townhouse Tree trimming/removal

Who is Responsible?

O/OC O/OC O/OC

O OC O/OC O/OC O/OC O/OC O OC O/OC O O O/OC O/OC O/OC O OC O O O O O O/OC O O/OC O/OC O/OC O/OC O/OC O OC O/OC OC O/OC O/OC O OC O/OC

Additional Information Appendix 1

20 20 21

33 39 18 29 20

8

42 6 31

9

12 11

11 28 6 24 30 40 40 41 40 16 18

35 18

Strata Community Association (NSW) Who's Responsible Guide

Insurance Claimable Appendix 2

1 1 1

1 1 1 1 4 1 4 1 1 4 1 1 2 2 2 2 1 1 1 4 4 4 4 1 1 1 2 4 1 1 1 1 1

1 3

2

Courtyard

Deck, pergola or steps

O/OC

18

1

Strata Community Association (NSW) Who's Responsible

3

Guide

Type

Item

Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Electrical Entrance Door Entrance Door Entrance Door Entrance Door Entrance Door Floor Floor Floor Floor Floor Floor Floor Floor Floor Floor

Air conditioning systems Electric Garage Door Opener Exhaust fans Fuses Hot water service - exclusive to a lot Hot water services -communal Insinkerators Internet Cabling Intercom handset Intercom wiring Lift and Lift Operating Systems Light and power wiring Light fittings Light switches Power point socket Smoke detectors Stoves Telephone (additional wiring required) Telephone sockets Telephone wiring TV (Pay TV wiring required) TV aerial TV cabling TV socket Door locks Entrance door automatic closer Entrance door to lot Keys, Security cards etc Security door repair Blocked floor drain Floor and wall tiles Mezzanines within lots Floorboards/Parquetry flooring Internal Carpet Skirting boards and architraves Lino/vinyl/cork tiles Linoleum Magnasite Floor Base Pavers

Who is Responsible?

O/OC O/OC O/OC O/OC O/OC OC

O O/OC

OC O/OC

OC O/OC O/OC

O O/OC

OC O O O O/OC O OC O/OC O/OC O/OC OC OC O O/OC OC O/OC O/OC O/OC O O/OC O O OC O/OC

Additional Information Appendix 1

7 15 6 4 31

1 36 1

1 5

1 3

2

1 2

1 1 19

15

25 34 26 13 32

18

Insurance Claimable Appendix 2

1 1 1 2 2 2 1 1 1 1

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 1 4 1 1 1 4 1 1 1 1 1

Strata Community Association (NSW) Who's Responsible

4

Guide

Type

Item

Who is Responsible?

General

Built-in wardrobes/cupboards

O

General

Carpets

O

General

Clothesline on Common Property

OC

General

Cracks in Walls

O/OC

General

Damage to common property by tenant

OC

General

Ducting covering stack

O/OC

General

Floorboards/Parquetry flooring

O/OC

General

Internal Doors/Walls

O

General

Internal Paintwork

O

General

Keys, Security cards etc

O

General

Letterboxes

O/OC

General

Lift and lift operating systems

OC

General

Pipes within a lot servicing only that lot

O

General

Stairs in Lot

O/OC

General

Skirting boards and architraves

O/OC

Kitchen

Burst pipe general

O/OC

Kitchen

Dishwasher

O

Kitchen

Dripping "S" bend under sink

O

Kitchen

Ducting covering stack

O/OC

Kitchen

Exhaust fans

O/OC

Kitchen

Floor and wall tiles

O/OC

Kitchen

Hot water service - exclusive to a lot

O/OC

Kitchen

Insinkerators

O

Kitchen

Kitchen cupboards

O

Kitchen

Leaking pipes under sink

O

Kitchen

Lino/vinyl/cork tiles

O

Kitchen

Linoleum

O

Kitchen

Main stopcock to unit

O/OC

Kitchen

Stoves

O

Kitchen

Washing Machine

O

Kitchen

Water Filtration Systems

O

Parking

Carports

OC

Parking

Door controller button

O

Parking

Door hinge mechanism

OC

Parking

Electric Garage Door Opener

O/OC

Parking

Garage door lock

OC

Parking

Garage Doors

OC

Parking

Garage Door auto opening mechanism

O/OC

Parking

Garage Door auto remotes

O

Parking

Light fittings

O/OC

Strata Community Association (NSW) Who's Responsible Guide

Additional Information Appendix 1

13 41 23 27 42 26 13 43

34 32 8 38 42 6 25 31

44

14

15 14 15 5

Insurance Claimable Appendix 2

1 4

4 1 1 1 1 4 3 1 1

1 1 1 4 4 1 1 1 2 1 1 4 1 1 2 1 4 1 1 1 2 1 1 1 1 3 1

5

Parking Parking Parking

Line marking Mesh between garages Water ingress into garage

OC

1

O/OC

16

1

?/OC

17

4

Strata Community Association (NSW) Who's Responsible

6

Guide

Type

Plumbing Plumbing Plumbing Plumbing Plumbing Plumbing Plumbing Plumbing Plumbing Plumbing Plumbing Plumbing

Plumbing Plumbing Plumbing Plumbing Plumbing Plumbing

Plumbing Plumbing Windows Windows Windows Windows Windows Windows

Item

Blocked floor drain Blocked sewer Burst pipe general Damage to unit after water leak Dampness in a unit Dripping "S" bend under sink Laundry Tub Leaking pipes under sink Guttering on townhouse Main stop cock to unit Plug and waste in bath Storm water and On-Site Detention systems (OSD) below ground without DA Condition

Toilet bowl Toilet Cistern Water ingress into garage Water leaking from bath Water leaking from shower Water leaking from shower taps and shower head Taps and Associated Hardware Water leaking through tiles Cleaning outside Flyscreens Locks, Window Safety Devices Repairs Sash cord replacement Seal to window

Who is Responsible?

OC OC O/OC O/OC O/OC O O O OC OC O OC

Additional Information Appendix 1

8 8 8 13 10

35

9

O

O

?/OC

17

O

12

O/OC

11

O

O

O/OC

12

O/OC

37

O/OC

15

O/OC

15

O/OC

22

O/OC

22

O/OC

22

Insurance Claimable Appendix 2

4 4 1 1 2 4 4 2 1 2 4

1 1 4 4 4 4

4 4 4 1 1 1 2 4

Strata Community Association (NSW) Who's Responsible

7

Guide

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