This is a question that is raised from time to time, however in a recent NCAT matter an owners corporation disputed the fact that the owners corporation was responsible for the repair and replacement of gutters and downpipes which service the complex and impacted a lot within the building.
In the matter Ducrou v The Owners – Strata Plan 33591 the owner contested a notation on the strata plan that the responsibility of the downpipes and gutters are the responsibility of the lot owner except for of all pipes, wires, ducts and cables.
The owners corporations position was that the gutters and downpipes affixed to the applications Lot, are the responsibility of each lot owner. The members decision was that the gutters and downpipes servicing the complex and the Lot’s is the responsibility of the owners corporation.
The owners corporation was issued an order to carry out the repairs to the gutters and downpipes as well as damage to the eaves.
Link to NCAT Determination: Ducrou v The Owners – Strata Plan No SP33591 – NSW Caselaw
