Am I obliged to have my roof gutter cleaned in a free standing townhouse specifically by cleaners that are chosen by the strata? – Canan, NSW

Q: I would like to know if I am obliged to have my roof gutter cleaned in a free standing townhouse specifically by cleaners that are chosen by the strata. I would like to choose the gutter cleaners myself and pay for it out of pocket and without reimbursement. I am not satisfied with the workmen that strata have used in the past. Also, and very importantly, in a few weeks my strata is passing bylaws whereby each owner will be responsible for their repairing and maintaining their own property, including the roof and gutters. I don’t understand the rush to have the gutters cleaned before passing these bylaws. I’m happy for my neighbours to have their roof gutters cleaned with strata money, I just don’t want the same roof gutter cleaners. Can strata force me to have my roof gutters cleaned before the bylaws are passed even if I assure them that I will arrange my own roof gutter cleaners after the bylaws are passed?

A: The Owners Corporation is responsible for repairing and maintaining common property, and the gutters (at this stage) form part of the Owners Corporation’s responsibility. So yes, the Owners Corporation have the right to undertake the gutter cleaning, noting that the Owners Corporation would bear these costs.