The roof has been leaking for six months. The intercom hasn’t worked since last year. The lift breaks down every fortnight. You’ve raised it at meetings, you’ve emailed the strata manager, and nothing happens. Across Australia, owners corporations are under a strict statutory duty to maintain and repair common property — and failing to do so is one of the most successfully prosecuted strata claims in the country.
The statutory duty in your state
NSW: Section 106 of the Strata Schemes Management Act 2015 imposes a strict duty on the owners corporation to “properly maintain and keep in a state of good and serviceable repair” the common property. Failure attracts damages — the famous Seiwa v Owners SP35042 case confirmed strict liability. VIC: Owners Corporations Act 2006 section 46 imposes the same duty (VCAT). QLD: Body Corporate and Community Management Act 1997 schedule duty (BCCM Commissioner). WA: Strata Titles Act 1985 section 91 (SAT). SA: Strata Titles Act 1988 section 25 (SACAT). ACT: Unit Titles (Management) Act 2011 section 24 (ACAT). TAS: Strata Titles Act 1998 (RMPAT). NT: Unit Title Schemes Act 2009 (NTCAT).
Common excuses and why they fail
“There’s no money in the sinking fund.” Insufficient funds is not a defence — the owners corporation must raise a special levy if needed. “We’re getting quotes.” Reasonable timeframes apply; six months of “getting quotes” for a leaking roof will not survive tribunal scrutiny. “It’s the original owner’s responsibility.” Once the scheme is registered, common property maintenance is the owners corporation’s job. “It’s actually your lot, not common property.” This is determined by the strata plan, not by assertion — usually structural elements, external walls, roofs and shared services are common property.
What the document does
A Strata Complaint for common property maintenance puts the owners corporation on formal notice of the breach of its statutory duty, identifies the specific defects, the dates first reported, the impact on you, and demands a remediation timetable. It is the prerequisite paper trail for any tribunal damages claim.
What Claim Done delivers
For a flat $79, Claim Done drafts a tribunal-ready Strata Complaint citing the correct section of your state’s Act, framing the breach properly, and demanding a defined remediation timeframe. A solicitor would charge $400–$700 for the same letter.
What happens after
Properly-drafted complaints frequently prompt action within 30 days because the owners corporation knows its insurer is now on notice. If repairs still don’t happen, you can apply to your state tribunal for orders compelling the work and damages for losses suffered (rent loss, damage to contents, etc.).