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
New South Wales: 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. Victoria: Owners Corporations Act 2006 section 46 imposes the same duty (VCAT). Queensland: Body Corporate and Community Management Act 1997 schedule duty (BCCM Commissioner). Western Australia: Strata Titles Act 1985 section 91 (SAT). South Australia: Strata Titles Act 1988 section 25 (SACAT). Australian Capital Territory: Unit Titles (Management) Act 2011 section 24 (ACAT). Tasmania: Strata Titles Act 1998 (TASCAT). Northern Territory: 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.
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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 fee, Claim Done drafts a Strata Complaint citing the correct section of your state’s Act, framing the breach properly, and demanding a defined remediation timeframe.
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.).
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What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Strata / Body Corporate Complaint drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Strata / Body Corporate Complaint from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=strata-complaint. Claim Done is not a law firm and does not give legal advice.
How much does a Strata / Body Corporate Complaint cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Strata / Body Corporate Complaint in Australia?
No. There is no legal requirement to use a solicitor to write or send a Strata / Body Corporate Complaint; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Strata / Body Corporate Complaint template doesn't?
It drafts the Strata / Body Corporate Complaint from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.