Common Property Repair & Maintenance in a Two-Lot Scheme

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Forums Common property Common Property Repair & Maintenance in a Two-Lot Scheme

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  • #88657
    dbstrata
    Member

    Good morning,

    If in a two-lot scheme, both lots are physically attached to the same building and only separated by the boundary walls, floor and / or ceiling, is there any provision in the Act to make a by-law to provide that the repair and maintenance of all common property items is to be done by the individual lot owners and not shared by both lot owners owners (the owners corporation)?

    For example – the ground floor lot is experiencing rising damp reportedly from inadequate ventilation between the subfloor and the basement, or the waterproofed membrane in the shower of the top floor unit is failing?

    #92360
    Amanda Farmer
    Expert

    Hi dbstrata,

    Great question.

    No provision in the Act, but in my view, 2-lot schemes can adopt a by-law shifting responsibility for these parts of the common property to the individual owners. There’s even a members-only template for that! Check this out:

    https://yourstrataproperty.com.au/product/2-lot-schemes-shifting-responsibility-by-law-template-member-only/

    You will need both owners to consent to take on this responsibility under the by-law.

    Let me know how you go.

    Amanda.

    #94147
    dbstrata
    Member

    Hi Amanda,

    Thank you so much for your assistance. I’ll check out the template by-law.

    Regards,

    dbstrata

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