QLD Body Corp refusing to repair roof mounted exhaust fan motor- is this their responsibility?

Discussion in 'Property Law Forum' started by Malcolm Simmons, 14 August 2019 at 7:57 AM.

  1. Malcolm Simmons

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    Bathroom steam is removed through ducting by a roof mounted fan which is not working. The extraction fan works in the en-suite bathroom. There are 6 apartments and 4 fan units. The body Corp is stating repair is at the owners cost. As the units are external to the apartment and serve multiple apartments should repair be at their cost?
     
  2. Rob Legat - SBPL

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    I’m assuming the fan is not actually roof mounted, but rather the ducting inlet. Also, it’s not clear what the actual is and where it lays. You’ve said that the fan works in on spot but not another. This may indicate it is not the fan unit which is not working, as that might mean that none of the ducts work.

    Aside from that: At face value it would appear to be part of the common property if the fans service multiple lots, and therefore a body corporate issue. However, the Community Management Statement should be checked to see if the issue is not covered by a by-law or allocation of exclusive use, which could put the onus back on the lot owners.
     
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