When are owners liable to maintain Utility Infrastructure on common property?
Contributed By: Michael Kleinschmidt of Stratum Legal on
In the Norwinn Commercial CTS 38094 the developer had been paying all the costs of maintaining an elevator located on common property. The elevator serviced foyers on only two levels of one building in the Scheme. Each foyer led to common property and Lot 8. None of Lots 1 – 7 could access their upper-level using the elevator, however all Lots had internal stairs. The developer went into receivership and all lots were sold. The new owner of Lot 8 determined, correctly, that the elevator should be maintained by the Body Corporate as utility infrastructure. The reason being that it supplied utility services not onlyRead More →