
Unit Owners, who are officially defined as Proprietors, are obliged to observe all of the Rules of the Body Corporate of which they form part.
In addition, Proprietors are responsible for the maintenance of their Units (both inside and outside) at least to a standard sufficient to ensure that no damage or harm is visited upon any other Unit. A badly dilapidated Unit will usually cause the overall values of some or all of the Units in the complex to decline and the reason for not permitting this kind of harm or any other kind of harm - e.g. allowing a balcony or roof to leak on to a lower level Unit, is obvious.
We always ensure there is a clear understanding about the repainting arrangements for the complexes we administer and we make sure the cost of this recurring need plus other longer term maintenance/replacement needs are funded in advance by virtue of Sinking Fund Levies. This approach enables the obligations of Proprietors to maintain the exterior paintwork of their Units to be achieved in a collective and timely manner.
The responsibility for repairing exterior damage to the walls, roofs, doors, windows, balconies, etc of their Units (including water penetration faults) falls on Unit Owners except in some rare instances and, without any exceptions, they are also responsible for the costs of maintaining the interior of their Units. Insurance claims for some Unit damage events under the Body Corporate's insurance policy may be admissible.
In situations where Proprietors let their Units to Tenants, it is useful for the Lease to specify the arrangements between the parties regarding damage plus the fact that the Tenants are obligated to observe the Rules of the Body Corporate.
An important obligation on Unit Owners is that they must not make additions or structural alterations to their Units without first obtaining the consent of the Body Corporate. A large number of Bodies Corporate have extended the ability to exercise control over changes to the appearance of Units by expanding their Rules to exclude things like changes to colour schemes, changing or adding doors/windows, installing awnings and aerials and many other things.
Please contact us for further information.
