Living in a strata or community title property often means sharing responsibility for the upkeep of common areas with other owners. However, problems arise when the body corporate—the group responsible for managing these shared spaces—fails to maintain the common property. If you find yourself wondering what to do when a body corporate refuses to maintain common property, this article will guide you through the necessary steps to address the issue effectively.
Understanding the Role of the Body Corporate
The body corporate is legally obligated to manage and maintain common property areas such as gardens, hallways, lifts, swimming pools, and parking lots. Their duties include arranging repairs, ensuring safety, and upholding the property’s value for all owners. When they neglect these responsibilities, it can lead to deterioration, safety hazards, and disputes among residents.
Signs That the Body Corporate Is Neglecting Its Duties
Before taking action, it’s important to confirm that the body corporate is indeed refusing or failing to maintain the common property. Common signs include:
- Prolonged delays in repairing damage or wear and tear.
- Ignoring residents’ complaints and maintenance requests.
- Lack of regular cleaning or upkeep schedules.
- Failing to comply with legal or safety requirements.
If you notice these issues persistently, it’s time to consider your options.
What to Do When a Body Corporate Refuses to Maintain Common Property
1. Communicate Your Concerns Formally
The first step is to raise your concerns through official channels. Submit a written complaint to the body corporate committee or the managing agent. Be clear, concise, and provide evidence such as photos or records of previous complaints. Sometimes, a formal approach can prompt action.
2. Review the Body Corporate’s Obligations
Check the body corporate’s by-laws and relevant legislation to understand their responsibilities regarding common property maintenance. This knowledge empowers you to back your claims and highlight breaches of duty.
3. Request a Meeting or Special General Meeting (SGM)
If the issue is widespread and affects multiple owners, gather support and request a meeting or an SGM to discuss the problem. Collective pressure can motivate the body corporate to act.
4. Seek Mediation or Dispute Resolution
If internal discussions fail, mediation services or dispute resolution bodies specializing in strata or community title matters can help negotiate a solution. This step is less costly and confrontational than legal action.
5. Consider Legal Action as a Last Resort
When all else fails, legal proceedings may be necessary. Consulting a lawyer who specializes in strata law can help you understand your rights and the viability of taking the body corporate to court. Courts can compel the body corporate to fulfill its maintenance duties.
Conclusion
Knowing what to do when a body corporate maintains disputes about common property is crucial for protecting your investment and living environment. Start by addressing the issue through communication and review of responsibilities, escalate to collective action or mediation if needed, and consider legal remedies as a final step. Prompt and informed action can ensure your common property is properly maintained, benefiting all owners.
