Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2020 - REG 170

170 Duties of body corporate about common property—Act, s 152 [SM, s 180]

(1) The body corporate must maintain common property in good condition, including, to the extent that common property is structural in nature, in a structurally sound condition.

Note—

For utility infrastructure included in the common property, see section 20 of the Act .

(2) To the extent that lots included in the community titles scheme are created under a building format plan of subdivision, the body corporate must—

(a) maintain in good condition—

(i) railings, parapets and balustrades on, whether precisely, or for all practical purposes, the boundary of a lot and common property; and

(ii) doors, windows and associated fittings situated in a boundary wall separating a lot from common property; and

(iii) roofing membranes that are not common property but that provide protection for lots or common property; and

(b) maintain in a structurally sound condition the following elements of scheme land that are not common property—

(i) foundation structures;

(ii) roofing structures providing protection;

(iii) essential supporting framework, including load-bearing walls.

(3) Despite anything in subsections (1) and (2) , the body corporate is not responsible for maintaining fixtures or fittings installed by the occupier of a lot if they were installed for the occupier’s own benefit.

(4) Also, despite anything in subsections (1) and (2) —

(a) the owner of the lot is responsible for maintaining, in good order and condition, utility infrastructure, including utility infrastructure situated on common property, to the extent the utility infrastructure—

(i) relates only to supplying utility services to the owner’s lot; and

(ii) is 1 of the following types—

(A) hot-water systems;

(B) washing machines;

(C) clothes dryers;

(D) solar panels;

(E) air-conditioning systems;

(F) television antennae;

(G) another device providing a utility service to a lot; and

Examples for paragraph (a)—

1 An air-conditioning plant is installed on the common property, but relates only to supplying utility services to a particular lot. The owner of the lot is responsible for maintaining the air-conditioning equipment.

2 A hot-water system is installed on the common property, but supplies water only to a particular lot. The owner of the lot is responsible for maintaining the hot-water system and the associated pipes and wiring.

(b) the owner of the lot is responsible for maintaining the tray of a shower that services the lot, whether or not the tray forms part of the lot.

(5) To avoid any doubt, it is declared that, despite an obligation the body corporate may have under subsection (2) , the body corporate may recover the prescribed costs, as a debt, from a person, whether or not the owner of the lot, whose actions cause or contribute to the damage or deterioration of the part of the lot.

(6) In this section—

"prescribed costs" , recoverable from a person, means the proportion of the reasonable cost to the body corporate of carrying out the maintenance that the body corporate reasonably considers can be fairly attributed to the person’s actions.

"utility infrastructure" does not include utility infrastructure that—

(a) is a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and

(b) is installed after 1 January 2008—

(i) under a permit issued under the Plumbing and Drainage Act 2018 ; or

(ii) in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 .