Maintenance issues not specifically covered in the Act

The legislation that controls bodies corporate cannot include specific laws about every possible maintenance issue in a community titles scheme.

Whether maintenance is the responsibility of the body corporate, the lot owner, or shared between both parties in some way, often depends on where the item is located.

You need to think about whether the item is completely:

within the boundaries of a lot
on common property
in an exclusive-use area, or
on the boundary between 2 different areas.

You may also need to consider who installed the item.

Who is responsible for maintenance may also depend on:

the plan of subdivision your body corporate scheme is registered under
the wording of exclusive use by-laws for your scheme.
if there is an agreement between the parties about maintenance services.

Adjudicators and referees from the Office of the Commissioner for Body Corporate and Community Management are able to make orders in most disputes about maintenance. Although circumstances can vary, previous orders may help you work out who is responsible for maintenance.

You can search online at the Australasian Legal Information Institute for decisions by adjudicators and referees.

This page lists some of the maintenance issues that may come up in your body corporate.

Fences

The body corporate legislation itself does not contain specific provisions about fence ownership or maintenance. However, one or more of the following may apply to questions of fence maintenance:

general provisions in the legislation about maintenance obligations
the by-laws for the scheme
the body corporate’s duty to act reasonably.

Where the fence is located is often important. For some dividing fences—and in some circumstances—the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 may be applicable. Find more information about:

Pest control

The body corporate is generally responsible for any pest inspection, prevention and treatment work on common property.

A lot owner is responsible for any pest inspection and treatment work that is needed within their lot.

See the adjudicator’s order in Magnetic International Resort Hotel for more on who is responsible for pest control.

Supply of services by a body corporate

To benefit lot owners and occupiers, the body corporate may offer to supply or arrange for services that owners or occupiers are responsible for.

For example, the body corporate could:

organise for cleaning or painting of the exterior of lots (which owners are responsible for)
provide mowing of yards within lots
arrange pest inspections or treatments (that owners are responsible for)
supply electricity or other services used by the occupiers of lots
supply communication services such as a PABX or pay television to lots.

It can be cheaper or easier for the body corporate to organise for work or a service for many lots, rather than each owner or occupier organising it individually. The body corporate can do this at the same time as it does work or organises services that it is responsible for.

The body corporate can only supply a service to an owner or occupier if it has an agreement with the owner or occupier. It is not enough for the body corporate to have passed a general meeting resolution agreeing to provide the service.

Paying for services

The body corporate can charge its costs as part of the service supply agreement with the owner or occupier.

These costs can include:

installing, maintaining and operating any utility infrastructure needed to supply the service
buying, operating, maintaining and replacing any equipment needed to supply the service.

The body corporate cannot charge users of the service for its administrative work and cannot make a profit from the supply of the service.

Supply charges for the service must be paid by each user. They are not part of the body corporate levies.

More information

Last updated:: 3 October 2023

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