Owners Corporations Act 2006 Owners Corporations Regulations 2007 The Act requires lot owners to: maintain in good and serviceable repair the outward appearance of the lot; not use or neglect common property or permit it to be used or neglected in a manner that is likely to damage it or cause it to deteriorate; and maintain any eaves and guttering that overhang the boundary of their lot. The Regulations also prescribe model rules that: prohibit lot owners / occupiers from or permitting a lot to be used in a way that jeopardises the health, safety and security of another lot owner, occupier or user; require to be disposed in a way that does not adversely affect the health, hygiene or comfort of other lot occupiers or users; and prohibit damage or alterations to common property without written approval. Strata titled properties with owners’ corporations and common areas APPENDIX 3: and Territory regulation of rental property standards and conditions under Residential Tenancies legislation Victoria NSW Queensland South Australia Western Australia Tasmania Australian Capital Territory Northern Territory Property condition Landlord to maintain in good or reasonable repair Landlord responsible to maintain in good or reasonable repair Refers to fitness to live in Refers to relevant health & safety regulation Some exemptions apply Landlord responsible to maintain in good or reasonable repair Refers to age and character of property Landlord responsible to maintain in good or reasonable repair Refers to age and character of property Landlord responsible to maintain in condition comparable to start of tenancy Landlord responsible to maintain in good or reasonable repair Refers to condition at start of tenancy Landlord must not enter into tenancy agreement unless property are habitable and comply with relevant health & safety regulation
Urgent repairs Enumerated list (e.g. burst water service, gas leaks, dangerous electrical faults, flooding, serious faults in lift or staircase) Similar to Victorian definition (but does not include serious faults in a lift or staircase) Emergency repairs are defined similarly to the approach in the NT Act Not defined. Landlord is under a general duty to ensure the premises are in a reasonable state of repair Urgent repairs are defined as those needed to restore essential services and avoid injury, property damage, undue hardship or inconvenience. Tenant permitted to undertake repairs restoring function to an essential service Also provides for emergency repairs to prevent any damage from escalating Similar to NT definition Emergency repairs are defined similarly to urgent repairs in the NSW Act. Do not provide for classes of prescribed repairs Reimbursement for repairs Tenant may be reimbursed for urgent repairs Time period specified. Maximum $ amount specified. Landlord must reimburse reasonable costs. Time period specified. Maximum $ amount specified. Tenant may be reimbursed for urgent repairs. Maximum $ amount is specified. Tenant may be reimbursed for any reasonable repair and any costs incurred by the state of disrepair. Tenant may be reimbursed for any reasonable repair Tenant may be reimbursed for urgent repairs Time period specified. Tenant may be reimbursed for urgent repairs. Maximum $ amount is specified. Tenant may be reimbursed for any reasonable repair Orders for repairs Tribunal may order urgent and repairs Regulator can investigate and report Tribunal may order repairs and reimbursement for urgent repairs Tribunal may repairs and reimbursement Tribunal may order reimbursement No provisions Commissioner may repairs No provisions Tribunal may order emergency repairs Tenant to make modifications Tenant must not install fixtures or modify without consent Tenant must restore property at end Tenant must not install fixtures or modify without consent Landlord must not unreasonably refuse Tenant may remove installed fixed at end Tenant may install fixtures or make modifications with written consent Tenant must not install fixtures or modify without consent Landlord must not unreasonably refuse necessary modifications Tenant must not install fixtures or modify without consent Tenancy agreement may include term that Tenant must not install fixtures or modify without consent Landlord must not unreasonably refuse Tenant may install fixtures or make modifications with written consent Tenant must restore property at end Tenant must not make install fixtures or modify without consent Tenant may remove fixtures at end