In every webinar, we ask owners to submit questions regarding the webinar topic – body corporate maintenance responsibilities, this time we received many from registration and during the live webinar that was not answered. This is part 1 of the Q&A, there will be a Part 2.
Before going into the top 3 most asked questions about body corporate responsibility for maintenance, watch this recording of the Capitol Connect Webinar Series: A Guide to Body Corporate Insurance and Industry Update from June 22, 2022.
1st Question: Who is responsible for maintaining fences?
In our recent webinar, a few questions were asked about dividing fences. In Queensland dividing fences are regulated under the Neighbourhood Dispute (Dividing Fences and Trees) Act 2011.
The principal used under the Neighbourhood Dispute (Dividing Fences and Trees) Act 2011 are therefore utilised within the body of corporate legislation (specifically Section 311). The basic principle is that a shared fence is split 50/50 between the two neighbours, as long as the replacement is like for like.
Therefore, a boundary fence for the scheme land would be shared equally with the neighbouring owner of the adjoining land and the process of obtaining consent from the neighbour would need to comply with the requirements of the Neighbour Dispute (Dividing Fences and Trees) Act 2011. For more information please see the link as follows: https://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings
A boundary fence between two lot owners would be shared equally and it would be up to the two owners to resolve this matter.
A boundary fence between a lot and common property would be shared equally between the owner and the body corporate.
2nd Question: Insurance or Maintenance – How do you know?
A common question asked is why an item is not covered under insurance.
Here’s an easy example: A tiled roof – If there is a water leak from a cracked tile on the roof you would need to find out why the tile cracked. If the tile is cracked due to age and wear and tear, then fixing the tile is a maintenance issue. (Building Format Plan the roof tile will be body corporate responsibility and in Standard Format Plan the roof tile will be the owners’ responsibility). For more information on building verse standard format plan maintenance please see our website:
If the tile cracked due to a tree branch falling on the roof, then the repairs to the roof tile and the resulting damage from the leak to the walls, ceiling, fixtures – built-in cupboards would all be part of the claim to the insurer. Whereas if the cracked tile was for maintenance, that part would not be covered and you would be seeking to claim the water damage to the walls, ceiling, fixture – built-in cupboards.
Understandably an insurer won’t finalise a claim until they know the cause has been fixed, in this scenario you would need to provide evidence (invoice from the contractor) that the cracked roof tile has been repaired.
Under the body corporate legislation the definition of damage includes;
- earthquake, explosion, fire, lightning, storm, tempest and water damage
- glass breakage
- damage from impact, malicious acts and riot
3rd Question: How is the item deemed to be common property with maintenance in a body corporate?
All buildings are built differently but what needs to be determined is where is the boundary and if the issue is a utility service, is shared with other owners. If the utility service is shared this would be body corporate responsibility.
Most bodies corporate are titled under either a building format plan or a standard format plan, so you would need to check with your body corporate to confirm this if you are unsure.
As per the example shown below for a building format plan, the dark black outline is the boundary of the lot therefore the general principle is that the boundary is the centre of the floor, wall or ceiling.
For instance: If there is a sliding door out to the balcony, the sliding door will be the owners’ responsibility as it is within the boundary of the lot whereas the balcony balustrade will be a body corporate responsibility as it sits on the lot boundary.
We suggest saving or bookmarking this link: https://www.capitolbca.com.au/resource-centre/maintenance/ as a reference for maintenance issues or concerns and if you have any queries, please visit our people to contact your Community Relationship Manager.
There will be a part 2 Q&A blog about our guest speakers – CHU & Chambers Russell Lawyers answering some insurance industry and legal strata insurance questions. Stay tuned.
What is the Body Corporate Responsible for in an Owners Lot?