Howdy,
I was inspecting a unit in a large block on the weekend, and the agent highlighted the fact that the window frame needed to be repaired, however it would be covered by the body corporate.
Is this because it is considered to be external to the building? Would the same apply if the front door needed replacing?
Is the cover provided by a body corporate fairly generic, or is it different in every instance with details provided in a contract?
Best Regards,
Linden GlenI did some further research and found this website : http://www.victorialaw.org.au/Commonground/index.htm which provides a great overview of the function and laws around Body Corporates. Specifically applicable to my question is the following :
A body corporate is a legal entity so any action it takes should be based on the Act and Regulations that set out its legal functions. These legal functions are:* to manage, administer, repair and maintain the common property
* to organise compulsory insurance and any other insurance for the body corporate
* to issue body corporate certificates to prospective buyers and others who want them
* to ensure that the Regulations and the rules of the body corporate are complied with.
Now, my new question is – does this mean the agent lied to me, or am I missing something? I don’t intend to purchase the property, however am now curious as to the fact behind his claim for future reference.Regards,
Linden GlenHi Linden,
The key factor is what is the common property. In various parts of Australia they do differ and in WA, for instance there is/was more than one strata pplan which, depending upon which plan you bought delineated the ‘common property’ as different things.
In some plans the walls are included as common property, in other instances it may only be the driveway – the extremes are significant and only a search of the titles and documents relating to that development/complex can clarify things for you.
In WA all strata property contract of sales should be accompanied by a form (27?) from memory which stipulates the common property thereby avoiding any conflicting points of view.
Derek
[email protected]Property Investment Support Available.
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