Unit Titles Act 2010

138 Body corporate duties of repair and maintenance

• (1) The body corporate must manage, maintain, and keep in a good state of repair the common property and any assets owned by the body corporate or designed for use in connection with the common property.

  (2) The body corporate must maintain, repair, or renew all building elements and all infrastructure that relate to or serve more than 1 unit.

  (3) The body corporate may access at all reasonable hours any unit to enable it to carry out repairs and maintenance under this section.

  (4) Any costs incurred by the body corporate that relate to repairs to building elements and infrastructure contained in a principal unit are recoverable by the body corporate from the owner of that unit as a debt due to the body corporate (less any amount already paid) by the person who was the unit owner at the time the expense was incurred or by the person who is the unit owner at the time the proceedings are instituted.

  (5) For the purposes of this section,—

  • (a) a subsidiary body corporate is to be treated as the unit owner of the principal unit that was subdivided to create the subsidiary unit title development; and

  • (b) a reference in subsection (4) to a principal unit includes the common property and units of that subsidiary unit title development.