Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 10 July 2020 at 07:59)
Part 6 Division 1
Division 1 Common property
106   Duty of owners corporation to maintain and repair property
(1)  An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2)  An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
(3)  This section does not apply to a particular item of property if the owners corporation determines by special resolution that—
(a)  it is inappropriate to maintain, renew, replace or repair the property, and
(b)  its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
(4)  If an owners corporation has taken action against an owner or other person in respect of damage to the common property, it may defer compliance with subsection (1) or (2) in relation to the damage to the property until the completion of the action if the failure to comply will not affect the safety of any building, structure or common property in the strata scheme.
(5)  An owner of a lot in a strata scheme may recover from the owners corporation, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the owner as a result of a contravention of this section by the owners corporation.
(6)  An owner may not bring an action under this section for breach of a statutory duty more than 2 years after the owner first becomes aware of the loss.
(7)  This section is subject to the provisions of any common property memorandum adopted by the by-laws for the strata scheme under this Division, any common property rights by-law or any by-law made under section 108.
(8)  This section does not affect any duty or right of the owners corporation under any other law.
107   Common property memorandum
(1)  The by-laws for a strata scheme may adopt a common property memorandum prescribed by the regulations for the purposes of this section.
(2)  The common property memorandum is to specify whether an owner of a lot or the owners corporation is responsible for the maintenance, repair or replacement of any part of the common property.
(3)  The by-laws may modify the common property memorandum only to provide that it does not apply to specified items, being items that are not common property for the purposes of the particular strata scheme or that are the subject of a common property rights by-law or a by-law made under section 108.
(4)  The provisions of a common property rights by-law or a by-law made under section 108 for a strata scheme prevail, to the extent of any inconsistency, over the provisions of a common property memorandum adopted by the by-laws of the strata scheme.
108   Changes to common property
(1) Procedure for authorising changes to common property An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property.
(2)  Any such action may be taken by the owners corporation or owner only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed.
(3) Ongoing maintenance A special resolution under this section that authorises action to be taken in relation to the common property by an owner of a lot may specify whether the ongoing maintenance of the common property once the action has been taken is the responsibility of the owners corporation or the owner.
(4)  If a special resolution under this section does not specify who has the ongoing maintenance of the common property concerned, the owners corporation has the responsibility for the ongoing maintenance.
(5)  A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of that common property after the action is taken is the responsibility of the owner has no effect unless—
(a)  the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and
(b)  the owners corporation makes the by-law.
(6)  The by-law—
(a)  may require, for the maintenance of the common property, the payment of money by the owner at specified times or as determined by the owners corporation, and
(b)  must not be amended or repealed unless the owners corporation has obtained the written consent of the owner concerned.
(7)  Sections 143 (2), 144 (2) and (3) and 145 apply to a by-law made for the purposes of this section in the same way as they apply to a common property rights by-law.
Note.
 A new by-law or other changes to the by-laws for a strata scheme must be approved by a special resolution of the owners corporation (see section 141).
109   Cosmetic work by owners
(1)  The owner of a lot in a strata scheme may carry out cosmetic work to common property in connection with the owner’s lot without the approval of the owners corporation.
(2)  Cosmetic work includes but is not limited to work for the following purposes—
(a)  installing or replacing hooks, nails or screws for hanging paintings and other things on walls,
(b)  installing or replacing handrails,
(c)  painting,
(d)  filling minor holes and cracks in internal walls,
(e)  laying carpet,
(f)  installing or replacing built-in wardrobes,
(g)  installing or replacing internal blinds and curtains,
(h)  any other work prescribed by the regulations for the purposes of this subsection.
(3)  An owner of a lot must ensure that—
(a)  any damage caused to any part of the common property by the carrying out of cosmetic work by or on behalf of the owner is repaired, and
(b)  the cosmetic work and any repairs are carried out in a competent and proper manner.
(4)  The by-laws of a strata scheme may specify additional work that is to be cosmetic work for the purposes of this section.
(5)  This section does not apply to the following work—
(a)  work that consists of minor renovations for the purposes of section 110,
(b)  work involving structural changes,
(c)  work that changes the external appearance of a lot, including the installation of an external access ramp,
(d)  work that detrimentally affects the safety of a lot or common property, including fire safety systems,
(e)  work involving waterproofing or the plumbing or exhaust system of a building in a strata scheme,
(f)  work involving reconfiguring walls,
(g)  work for which consent or another approval is required under any other Act,
(h)  any other work prescribed by the regulations for the purposes of this subsection.
(6)  Section 108 does not apply to cosmetic work carried out in accordance with this section.
110   Minor renovations by owners
(1)  The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.
(2)  The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.
(3)  Minor renovations include but are not limited to work for the purposes of the following—
(a)  renovating a kitchen,
(b)  changing recessed light fittings,
(c)  installing or replacing wood or other hard floors,
(d)  installing or replacing wiring or cabling or power or access points,
(e)  work involving reconfiguring walls,
(f)  any other work prescribed by the regulations for the purposes of this subsection.
(4)  Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following—
(a)  details of the work, including copies of any plans,
(b)  duration and times of the work,
(c)  details of the persons carrying out the work, including qualifications to carry out the work,
(d)  arrangements to manage any resulting rubbish or debris.
(5)  An owner of a lot must ensure that—
(a)  any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and
(b)  the minor renovations and any repairs are carried out in a competent and proper manner.
(6)  The by-laws of a strata scheme may provide for the following—
(a)  additional work that is to be a minor renovation for the purposes of this section,
(b)  permitting the owners corporation to delegate its functions under this section to the strata committee.
(7)  This section does not apply to the following work—
(a)  work that consists of cosmetic work for the purposes of section 109,
(b)  work involving structural changes,
(c)  work that changes the external appearance of a lot, including the installation of an external access ramp,
(d)  work involving waterproofing,
(e)  work for which consent or another approval is required under any other Act,
(f)  work that is authorised by a by-law made under this Part or a common property rights by-law,
(g)  any other work prescribed by the regulations for the purposes of this subsection.
(8)  Section 108 does not apply to minor renovations carried out in accordance with this section.
Note.
 Section 132 enables rectification orders to be made against owners of lots for damage caused by work done by owners.
111   Work by owners of lots affecting common property
An owner of a lot in a strata scheme must not carry out work on the common property unless the owner is authorised to do so—
(a)  under this Part, or
(b)  under a by-law made under this Part or a common property rights by-law, or
(c)  by an approval of the owners corporation given by special resolution or in any other manner authorised by the by-laws.
112   Owners corporation may grant licence to use common property
(1)  An owners corporation may grant a licence to an owner or occupier of a lot in the strata scheme or another person to use common property in a particular manner or for particular purposes if the owners corporation has approved the granting of the licence by a special resolution.
(2)  A licence may be granted subject to terms and conditions.
Note.
 Division 3 of Part 7 enables owners corporations to make common property rights by-laws granting exclusive use rights and special privileges (including licences) in relation to common property.
(3)  Without limiting this section, a licence may be granted under an agreement with the local council for a strata parking area under section 650A of the Local Government Act 1993.
113   Agreement for payment to owner of consideration on transfer or lease of common property
An owners corporation may, in accordance with a special resolution, make an agreement with an owner for the payment to the owner of—
(a)  the whole or any part of the consideration under any transaction proposed to be entered into by the owners corporation under Division 6 of Part 2 of the Strata Schemes Development Act 2015, or
(b)  any money payable to the owners corporation under a common property rights by-law.
114   Functions subject to strata development contract
The exercise by an owners corporation of functions under this Act is subject to the provisions of any strata development contract affecting common property for the strata scheme concerned and to the operation of this Act and the Strata Schemes Development Act 2015 in relation to the strata development contract.
115   Initial maintenance schedule must be prepared
(1)  The original owner must cause an initial maintenance schedule to be prepared for the maintenance of the common property of a strata scheme.
Note.
 The purpose of the initial maintenance schedule is to provide information to the owners corporation about obligations and costs relating to the maintenance of common property.
(2)  The initial maintenance schedule must comply with the requirements prescribed by the regulations for the purposes of this subsection.
(3)  An owners corporation is not required by this Act to comply with the initial maintenance schedule for the maintenance of common property vested in it.
(4)  The initial maintenance schedule may be considered in any proceedings for the purpose of determining whether or not a defect in or damage to a building could have been avoided by the taking of specified action.