Strata Law query

[Macca]

I am looking at buying a unit which has a timber floor on bearers and joists which sit on stumps. Looking at the reports I notice that the Management Committee only have the common areas inspected and sprayed for pests and leave it to the individual owners to arrange their own inspections.

The units are built as duplexes, each building has 2 units, then a space then another 2 with more than 20 in the complex. Some of the units are on slabs and some on bearers and joists, I can understand that the ones on slabs can simply be sprayed around the outside but I ask this question.

As my understanding is that I own from the top of the floor to the underside of the ceiling wouldn't that mean that the subfloor is actually common property ?

If the owners of the 10 or so units with subfloors choose not to get them sprayed and termites get in, eat away the floor and the internal walls collapse wouldn't the body corporate be responsible for the repair as they have not maintained the common property of the sub floor correctly by having regular inspections.

Even if I were to get regular pest inspection done, that does not mean someone else doesn't have a problem and everyone be hit with a special levy to repair the unit.

Am I taking it too far ?

 

[Scott No Mates]

The strata plan will indicate whether the underfloor areas are common however if there's no access eg external manholes in the wall facing the common area, then you will likely have exclusive use as no one can access the space.

 

[Macca]

The strata plan will indicate whether the underfloor areas are common however if there's no access eg external manholes in the wall facing the common area, then you will likely have exclusive use as no one can access the space.

Each unit has an access door about 1200 x 700 allowing good access to the underfloor area from within each units outdoor space.

I am happy to get mine sprayed but what if someone else doesn't and we all get a levy to repair the whole unit ?

 

[sydprop]

Looking at the reports I notice that the Management Committee only have the common areas inspected and sprayed for pests and leave it to the individual owners to arrange their own inspections.

This sound like "spray for pests" not "defend against termites". There is a fairly large difference.

Clearly the BC should maintain all common areas and if there is a query about that status of sub floors - then it needs to be checked if it is common in your specific case.

Is there a reason to be worried about termites?

 

[Macca]

This sound like "spray for pests" not "defend against termites". There is a fairly large difference.

Clearly the BC should maintain all common areas and if there is a query about that status of sub floors - then it needs to be checked if it is common in your specific case.

Is there a reason to be worried about termites?

As the structure is timber bearers and floor joists, termite damage could bring down the whole building. Should these be eaten away the internal walls then collapse and the the unit is no more.

My query is who would be responsible to rebuild ? Comprehensive Building Insurance does not cover termite damage and the unit would be damaged because the BC did not maintain a protective barrier to the timber areas of the common areas of the building.

As I said, I am prepared to protect my investment by getting it sprayed but other owners may not and we may all get hit with a special levy to rebuild a damaged unit if the BC has been lax.

Thoughts please

 

[Paul@PFI]

What did your lawyer say ?

Ascertaining what property you intend to acquire is the first step. That's legal advice. The lawyer will likely have some requirement to consider clauses and perhaps add some to address this issue.