Maintenance in an owners corporation (OC) is akin to drawing a line between the unit and the common property. Each OC has a Plan of Subdivision which is unique and this Plan sets out the unit and the common property boundaries.
It is the unit owners responsibility to repair and maintain their unit in good and serviceable order. The OC is responsible for repairing and maintaining the common property. The OC’s duty extends to all shared services like utility infrastructure and drainage.
1. Robert and Susan own an apartment unit on the 2nd floor. Their A/C system is not working and needs repairs. In this instance the A/C services their unit only therefore Robert & Susan are responsible for the necessary repairs.
2. James & Karen own an investment property unit with a shared driveway. The asphalt driveway in front of their unit is deteriorating. The Plan Of Subdivision shows the unit boundary as the median of the buildings walls therefore the OC is responsible for repairing the driveway.
3. David & Lisa own a new townhouse. They have a leaking window on the 2nd floor. The Plan Of Subdivision specifies the unit boundary as the exterior face of the buildings walls therefore David & Lisa are responsible for fixing the leak. They contact the builder of the unit in writing and request they complete repairs per the implied warranties in the Domestic Building Contracts Act 1995.
What happens if a unit owner does not maintain their unit? If the outward appearance of the unit is compromised, the OC can service a notice of repairs upon the unit owner. The unit owner must carry out the necessary repairs and maintenance within 28 days.
Article written by Luke Woollard.
About me: I have 11 years’ real estate experience as a licensed real estate agent and an owners corporation manager. I’ve managed everything from small unit complexes to gated townhouse communities and multi-level apartments and office buildings. Passionate about helping the world’s poorest people, I am the founding member of Agents Of Mercy, a non-profit charitable initiative to build houses in Quezon City, Manila, Philippines. My motto is “we’re in this together”