Unit Titles Act 2010

  • This version was replaced on 18 December 2018 to make corrections to section 169(5)(d) and (e) under section 25(1)(iv) of the Legislation Act 2012.

Repair and maintenance

138 Body corporate duties of repair and maintenance

(1)

The body corporate must repair and maintain—

(a)

the common property; and

(b)

any assets designed for use in connection with the common property; and

(c)

any other assets owned by the body corporate; and

(d)

any building elements and infrastructure that relate to or serve more than 1 unit.

(2)

[Repealed]

(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 or maintenance of 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; and

(c)

the duty to repair and maintain includes (without limitation) a duty to manage (for the purpose of repair and maintenance), to keep in a good state of repair, and to renew where necessary.

Section 138(1): replaced, on 5 December 2013, by section 15(1) of the Unit Titles Amendment Act 2013 (2013 No 140).

Section 138(2): repealed, on 5 December 2013, by section 15(1) of the Unit Titles Amendment Act 2013 (2013 No 140).

Section 138(4): amended, on 5 December 2013, by section 15(2) of the Unit Titles Amendment Act 2013 (2013 No 140).

Section 138(5)(b): amended, on 5 December 2013, by section 15(3) of the Unit Titles Amendment Act 2013 (2013 No 140).

Section 138(5)(c): inserted, on 5 December 2013, by section 15(4) of the Unit Titles Amendment Act 2013 (2013 No 140).