Q: At a recent AGM, the owners present ( I was not) decided to make a new by law that all owners would be responsible for maintaining their own roof. It is a commercial property comprising 17 small businesses. The roof is metal. Can this be done ? How is the roof removed from common property ? This seems
a prospective nightmare for all. How is responsibility determined where for example, other owner’s roofs join the neighbours ?
At a recent AGM, the owners present ( I was not) decided to make a new by law that all owners would be responsible for maintaining their own roof. It is a commercial property comprising 17 small businesses. The roof is metal. Can this be done? – NSW, Gus
A:
Yes, it is possible. The arrangement is called a ‘special privilege by-law’ or ‘special rights by-law.’ This can be approved by the owners corporation in a general meeting and registered with the NSW Land Registry Services. The purpose of this by-law is to grant exclusive use to a specific owner or group of owners to repair, maintain, and replace a particular area or property within the strata scheme that is considered common property.
However, it’s important to note that while the area remains common property, the responsibility shifts to the lot owner. If the owner does not follow the by-law, the owners corporation would need to address any necessary repairs and seek reimbursement from the owner for the costs incurred.
The details of how and what is covered by the by-law should be clearly defined and drafted by a strata solicitor. It would likely include an imaginary line to determine the responsible party. For example, if a licensed roofer determines that repairs are needed on a neighbouring roof to address an issue with another property, the lot owner in question would be required to fix it. Similarly, if the roof needs to be replaced and affects multiple units, the contractor would need to provide separate quotes for each lot, allowing them to appoint the contractor jointly.
It’s always best to consult with a strata solicitor for specific guidance in drafting and implementing a special privilege by-law.
