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Why do I have to pay for something the council should fix?

The roads within our community have started getting potholes and at our last meeting it was decided all lot owners have to contribute towards its repair.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 20-11-2015
1 Lawyer Answered
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Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 Sydney

  • When you purchase into a community scheme you automatically become part of the association.
  • The association is responsible for maintenance, repair and replacement of all association property.
  • Since most community schemes are large and complex they often contain infrastructure such as:
    • roads;
    • traffic lights;
    • pedestrian crossings; and
    • road signs.
  • From time to time new infrastructure will need to be introduced and old infrastructure repaired for ease of access and safety.
  • Many purchasers do not realise that this infrastructure belongs to the association. It does not belong to the local council like the roads outside the community scheme.
  • All lot owners as members of the association must therefore contribute towards repairing the road.
  • You cannot evade your responsibilities as member of an association even if you do not own a car and feel it is unfair that you have to pay for this repair. 

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