We sometimes get Trustees who do not understand how it works when there is a maintenance problem on the common property but it is for something that serves only 1 unit. For instance an electrical cable problem between the meter box and one section. Or a pipe running from the main water supply to one section. Surely the owner who is served by this pipe or cable should be liable for the maintenance costs?

Let us look at the maintenance responsibility allocation in the STSM Act.

Section 3

  1. (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;

So the Body Corporate is responsible for the common property maintenance.

Section 13

  1.  (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;

So the owner is responsible for the section maintenance.

A cable or pipe running over the common property is part of the common property – it does not matter that it serves only one section.  The Body Corporate remains responsible for the common property.  So this will be a BC expense.