So, here’s the situation. You’ve got a leaking ceiling. Or maybe cracked tiles in the stairwell. Maybe water’s been pooling in the carpark for weeks and you’ve just had it.
You’ve reported it to the strata manager or the owners corporation (OC). They’ve nodded. Promised to “look into it.” Then… radio silence. Days turn into weeks. Maybe even months. Meanwhile, your property’s copping the damage — mould creeping in, plaster bubbling, your tenants threatening to bail.
And you’re wondering… can you actually do something about it?
Short answer? Yep. But it’s a bit more complex than just chucking a bill at the OC.
First things first — what even counts as “common property”?
Alright, before getting fired up, you need to be crystal clear on this bit.
“Common property” is basically the stuff that everyone in the building shares responsibility for. Think: external walls, roofs, foyers, lifts, driveways, pipes running through the block (not inside your walls), gardens, fences, etc.
But — and this is important — the exact definition can vary depending on the plan of subdivision and by-laws. Some buildings are weird. You might think your balcony’s yours, but legally it’s common property. Or vice versa.
Pro tip: If you're not sure, get the strata plan checked by someone who knows what they’re doing.
So who’s supposed to fix it?
The owners corporation. Full stop.
Legally, they’ve got a duty to maintain and repair common property. It’s in the Strata Schemes Management Act. It’s not optional. They can’t vote it down at the next meeting. They can’t “decide” it’s not in the budget.
Thing is, they often drag their feet anyway. Sometimes it’s just disorganisation. Sometimes it’s politics. Occasionally, it’s outright negligence.
And yeah — that’s where things can start getting messy.
What happens when they don’t fix it?
Well, here’s the kicker. If the OC doesn’t do what they’re supposed to do, and your property suffers as a result, you might be able to recover damages.
Meaning? They could be liable for:
- Repair costs you’ve had to fork out yourself
- Loss of rent (if you’re an investor and your tenant bailed or got a rent reduction)
- A drop in property value (yep, you can argue that too)
- Even, in some cases, things like health impacts or business losses (but that’s tougher to prove)
But — and this is where it gets a bit frustrating — you’ll need to show that the OC failed in their duty, and that because of that failure, you suffered loss.
Alright, so how do you actually make a claim?
You don’t just march into court waving photos of your leaky ceiling. There’s a process.
Step 1: Notify the OC in writing. Politely but clearly. Ask them to fix the issue and give a reasonable timeframe.
Step 2: Still nothing? You can take it to NSW Fair Trading for mediation. Not mandatory, but it’s cheaper than court.
Step 3: If all else fails, you lodge an application with the NSW Civil and Administrative Tribunal (NCAT). They handle strata disputes, and yep, they can make binding orders.
Just one catch — NCAT can’t award general damages (like pain and suffering), but they can order repairs and sometimes compensation for losses directly linked to the OC’s failure.
Worth noting: You usually need to file within 2 years of becoming aware of the damage. Don’t muck around.
Real-world example? Sure.
Say a unit owner reports persistent roof leaks affecting their bedroom ceiling. OC ignores repeated emails for over 12 months. Eventually, the owner has to pay $3,000 to repair water damage and repaint. Tenant moves out because of the mould.
In this case? The owner could claim the repair costs and lost rent, arguing the OC’s failure to act caused the loss. And they’d probably have a good shot — assuming they’ve documented everything.
“But I’m just one lot owner — what chance do I have?”
Honestly? More than you’d think.
A lot of people assume they’re powerless against an OC. Not true. Especially if the law’s on your side.
If you're persistent, keep records, and get the right advice — you’ve got options.
Thing is, many disputes settle before it even hits the Tribunal. Once the OC realises you’re serious (and possibly right), they often come to the table. Because legal costs can snowball — for everyone.
This part confuses people — shared vs individual damage
Say water’s leaking from a common pipe into your ceiling. It’s damaging your lot, but the cause is in the common property.
That’s not “your” responsibility — that’s on the OC. But people get gaslit into thinking they need to fix it because “it’s your apartment.”
Nope. The law is clear. If the source of the problem is common property, it’s the OC’s problem.
Now, if they drag their heels and you suffer financial loss while waiting? That’s where the damages claim kicks in.
So what does this mean for you?
If you’re dealing with a dodgy OC, don’t sit on it.
Document everything — emails, photos, timelines. Get clear on what’s common property. Ask for repairs in writing. And if they still won’t act, consider getting someone who knows strata law involved.
Because the truth is, you can hold them accountable. But you’ve got to move strategically. No point yelling into the void.
And hey — this isn’t just about you. If the OC keeps ignoring stuff, the whole building suffers. Property values drop. Insurance premiums spike. It becomes a disaster for everyone.
Need proper help?
Look, strata disputes can get technical fast. And the law around them is kind of its own beast.
If you’re stuck in this mess, it’s worth chatting to Strata Lawyers who’ve handled this sort of thing before. Someone who can look at your specific situation — and give you straight answers, not just legal fluff.
Doesn’t mean you’re gearing up for court. Sometimes, just having the right advice changes the whole game.
FAQs
What if I’ve already paid for the repairs myself?
You might still be able to recover those costs — as long as you can show the OC failed to act and you had no real choice but to fix it yourself.
Can I take them to court instead of NCAT?
Technically yes, but NCAT is the standard first stop for strata disputes. Court might be needed for more complex claims, but it’s pricier and slower.
What if the OC tried to fix it, but stuffed it up?
That can still count as a breach. If they’ve hired someone dodgy or made things worse, you could still have a claim.
Is this different for townhouses or duplexes?
Sometimes. Depends on how your scheme is structured. Some small strata schemes work a bit differently. Again — check the strata plan.
Legal disclaimer: This article is general information only. It’s not legal advice. Always speak to a qualified legal professional about your specific situation.