There was a leak emanating from unit 2 into unit 4. The owner of unit 4 is insisting that we (“the Body Corporate”) sort this out.
This is a case study of why we as Managing Agents should not get involved with problems between units.
Point 1 is that we are not the Body Corporate even though many owners call us that.
Point 2 is that there is no common property between two units – the median line runs through the middle of the walls, floors and ceilings. One side being unit 2 and one side being unit 4.
The STSM Act makes the Body Corporate (in practice the Trustees) responsible for maintenance to the common property:
Section 3 (1) A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include—
(l) to maintain all the common property and to keep it in a state of good and serviceable repair;
And the STSM Act makes the owners responsible for maintenance of their sections:
Section 13(1) An owner must—
(c) repair and maintain his or her section in a state of good repair and, in respect of an exclusive use area, keep it in a clean and neat condition;
If we send out contractors we are getting involved – we should not get involved.
The correct procedure to follow when an owner is complaining about a problem emanating from another unit:
- Ask the owner of unit 2 to attend to the repairs
- If they refuse or ignore you then – Ask the owner of unit 2 if you can give his/her contact details to the owner of unit 4
- If they refuse then the owner of unit 4 must approach CSOS
- With Trustee consent we can give the contact details of unit 2 to CSOS when they ask us for it
Should the problem (leak in this case) have an effect on the structural integrity of the buildings then the Body Corporate (Trustees) can and should get involved ito PMR 31. The Body Corporate can unfortunately not break into a section to have work done that an owner is refusing to do. In such a case the Body Corporate must refer the matter to CSOS.
PMR 31(2)If despite written demand by the body corporate, a member refuses or fails to —
- carry out work in respect of that member’s section ordered by a competent authority as required by section 13(1)(b) of the Act; or
- repair or maintain a section owned by that member in a state of good repair as required by section 13(1)(c) of the Act;
and that failure threatens the stability of the common property, the safety of the building or otherwise materially prejudices the interests of the body corporate, its members or the occupiers of sections generally, the body corporate must remedy the member’s failure and recover the reasonable cost of doing so from that member; provided that in the case of an emergency, no demand or notice need be given to the member concerned.