I have bought half of a duplex that is strata titled but with no body corporate. Does this mean that both owners have joint responsibility when it comes down to maintenance?[blink]
The insurance covers the building cost plus 10,000000 for public liabilty.
Just wondering has anyone heard of such a set up, or had any problems when it comes to maintenance issues where there is no body corporate, sinking fund etc?
Thanks in advnace
Jenny1
Body corporates must be set up in any situation where there is common property such that no one owner clearly has sole responsiblity and ownership rights.
Generally this covers driveways, nature strips and shared gardens or carparks. I would image this would be the case in the situation where the duplex shares teh one roof and joining wall. This that case no one owner clearly has responsiblity for the upkeep of the roof or that wall. I suppose the issue arises when the roof is damaged and needs repair. Damage on one person’s side may still affect the other person (vermin, security, structural damage from water etc…) So I would have thought a body corporate would be required.
However, and someone should check, since there is no land involved in co-ownership (just a roof line) then a body corporate may not be created? It would be messy if the roof was damaged and the person whose side fo the roof was damaged refused to get it repaired. Could you sue them for possible damage to you property?
Hi Jenny1
Might depend on what state the duplex is in. In NSW if the property is strata titled then an owners corporation (body corporate) is not optional. However, there may have been a by-law registered that gives each owner the responsibility for their own property and grounds etc. If so, this would specify the situation with the roof, common wall common services etc. If no such by-law exists, then legally any common property maintenance must be paid for by the owners according to their unit entitlement – may have equal entitlements but may not. There could potentially be problems down the track if this is not understood.
If you used a solicitor they should have investigated this for you. Ask them to find out if a separation by-law has been registered. If not, the Office of Fair Trading in your state can help with advise on how to handle any queries or matters that may arise. It’s quite possible for duplex owners to self manage easily, as long as they both have a clear understanding of their responsibilities.
Good luck
Wake
Thank you Wake for your information, I will get solicitor to look further into it[biggrin]
Jenny1
You must be logged in to reply to this topic. If you don't have an account, you can register here.
