Who pays for what?

• When property in a community title scheme requires maintenance it can be very confusing to work out whose responsibility it is. You should always start by referring to your community’s management statement and seek legal advice from a specialist lawyer if you are still unsure.
• It is generally the case that
  • repairs within your lot are your responsibility; and
  • repairs to association property are paid for out of association funds which come from the levies that you pay.
• Lot boundaries are determined by surveyed land measurements and are specified on the plan in a community scheme. You may want to seek advice if you are unsure about what you own.
• If you own an apartment then the general strata rules apply. You are individually responsible for the inside of your lot and collectively responsible with the other owners of that apartment block for the common property.
• If you own a townhouse then you are individually responsible for the inside and the outside of your lot including the driveway, building, garage, personal gate and fence.
• If association property belongs to a subsidiary association and there are restrictive property or exclusive use by-laws registered which only allow members of the subsidiary association to access that property then the subsidiary association must pay for the property’s repair, replacement or maintenance.
• If everyone in the community title scheme can use the association property then the community association pays for its upkeep. Examples can include
  • roads;
  • parks;
  • tennis courts;
  • pool;
  • clubhouse;
  • garbage collection and
  • communal car-parks.
• If association property requires a repair that was not budgeted for that year or if there are insufficient funds in the association’s trust accounts a special levy may be imposed on lot owners to raise the money.