UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 24 Maintenance obligations
UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 24
Maintenance obligations(1) An owners corporation for a units plan must maintain the following:
(a) for a staged development—the common property included in a completed stage of the development;
(b) for a development that is not a staged development—the common property;
(c) other property that it holds;
(d) the defined parts of any building containing class A units (whether or not the defined parts are common property);
Note This does not include painting, unless the painting is required because of other maintenance (see s 26 (1)).
(e) if a utility service mentioned in the Unit Titles Act 2001
, section 35 (Easements given by this Act) is provided for the potential benefit of all units—facilities associated with the provision of the utility services including utility conduits;
(f) any building on the common property that encroaches on a unit if the building is the subject of an easement declared under the Unit Titles Act 2001
, section 36 (Easements declared by owners corporations);
(g) as authorised by a special resolution (if any)—all buildings on all class B units on the units plan.
Example—par (g)
a special resolution authorising the owners corporation to paint all buildings on the class B units and to carry out roofing and structural repairs to all class B units, but excluding responsibility for internal painting and minor repairs of class B units
(2) For meeting its obligations under subsection (1), the owners corporation must prepare a maintenance plan taking into account the developer's maintenance schedule (if any).
(3) The maintenance plan must contain the matters prescribed by regulation.
(4) In this section:
"defined parts", of a building containing class A units, means—
(a) the following structures in the building, if load-bearing:
(i) walls;
(ii) columns;
(iii) footings;
(iv) slabs;
(v) beams; or
(b) any part of a balcony on the building.