Maintenance of Common Property

The Owners Corporation is under an obligation to maintain common property in good condition. 

The NSW Supreme Court in the case of Seiwa Australia Pty Ltd v Owners Strata Plan 35042 [2006] held that this duty to maintain common property is a strict duty which can be enforced by individual lot owners.

It is in the interests of all owners to ensure that the common property of their building is maintained in good condition. Some strata managers may be required to organise the day to day maintenance of the building depending on the nature of the delegation to them in the agency agreement. If a large property has a building manager then the maintenance may be delegated to them under the terms of their contract.