I have an exclusive use by-law allowing me to use a storage room in the basement of our building. The lock on the door isn’t working properly. Who is responsible for the ongoing maintenance and repair of common property that is under an exclusive use by-law?
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Answer by Neha Sharma, Hillsdale 2036 Sydney
- Historically this has been a difficult legal question. Quite commonly older exclusive use by-laws are silent on this issue.
- Generally speaking if a by-law does not address the issue of maintenance and repair the responsibility will remain with the owners’ corporation.
- This may be considered unfair particularly for owners who have to pay for repairs to an area that they do not have access to.
- Section 54 of the Strata Schemes Management Act 1996 (NSW) now states that all exclusive use by-laws must provide for the maintenance of the property. This means any exclusive use by-law must clearly set out responsibility for the ongoing repair, maintenance, replacement and renewal of common property concerned.
- If your exclusive use by-law does not contain this information it may need to be discussed at an owners meeting and the by-law amended as appropriate.