APIA Ask An ExpertWe own a unit on a fee simple cross lease title.  There are over 20 units in two blocks with an operating body corporate (covering common area, insurance and water bill).  Back in March another unit suffered damage to its roof as well as sustained consequential damages to the ceiling and internal walls.  The 
insurance claim lodged by the body corporate had been unsuccessful so the manager is now seeking approval from all owners to proceed with
the repairs.  I am aware that I will have to pay my fair share of the roof repair but would I be liable for internal repairs in another unit? 

APIA Ask An Expert

 

The Memorandum of Lease registered on the cross lease title will record the obligations and requirements of all cross-lease members and sets out how decisions
are made. The lease may include restrictions on members, such as:
  • Restrictions on alterations / erection of other buildings
  • Restrictions on leasing the flat
  • Restrictions as to the colours which may be used in repainting the flat
  • Restrictions on keeping pets.
 
In addition the lease may contain provisions that create obligations of the owners such as:
  • Maintaining the common areas
  • Maintenance obligations on their flat.
  • Property insurance – In some cases individual units and in others, all owners are required to insure under a single policy with each person meeting
    a proportionate share of the premium.
  • How costs and expenses...