Unit with no Body Corp

[HeadHunter]

Hi, did an inspection on a single story unit which is a part of three units in a non gated place. Since there is no body corp,
I wonder who would pay for
-any maintenance of common area like the drive way fensing etc.
-if the cost is to be spit between unit owners, what if the other guys refuses to chip in ?
-since there are no sinking fund what happens if the structure requires a fix etc ?

thanx a lot.

 

[DaveM]

Is is strata or torrens? Often in a detached/joined dwelling like villas or subdivisions, there will be an admin fund between owners to insure the driveway, and any repairs are split equally.

 

[units4me]

Don't you need a body corp if there is any common property?

I always thought that a hatchet block for example, with two seperate driveways wouldn't need a body corp, as they are totally seperate titles on the lot, with no common property.

Not 100% sure of this though.

 

[HeadHunter]

its a villa with joined units and common driveway. I asked the agent and he couldnt give me an answer as well....

 

[DaveM]

The contract will tell you if its a strata plan or not

 

[Seeka]

After checking your title, give the Govt body that looks after CMS - Community Management Schemes - a call as even if there is no official BC operating, the building should still be under one or another CMS by default.

Found the following extract from inside this link.
http://www.findinvestmentproperty.com.au/ka-queensland-body-corporate.seo

By-laws are contained in the CMS for a community titles scheme. The statement is a document held by Titles Registration in the Department of Natural Resources and Water. If you are unclear which bylaws apply to your scheme, contact the body corporate secretary or the Titles Registration Service Centre on 07 3227 6626.

Had something similar with a duplex - there was a CMS registered but no official body corporate.