Who pays for repairs to unit property in a body corporate?

The Unit Titles Act 2010 (“UTA”) expanded the role of bodies corporate in undertaking repairs to buildings in unit title developments, primarily in response to the repairs arising from leaky buildings. In addition to repairs to common property the Act includes a requirement that bodies corporate repair and maintain all “building elements and infrastructure that relate to or serve more than 1 unit”. Now that bodies corporate are undertaking significant repairs to unit property the issue arises as to who pays for this work. In the first instance bodies corporate are required to levy all owners in accordance with utility interest (section 121 of the UTA). At the conclusion of repair works bodies corporate may reapportion these costs to owners of unit property where the work is undertaken (section 138(4)), or to owners who substantially benefit from the work (section 126) or to an owner at fault (section 127). There has been some doubt as to the way in which…

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