Maintenance: Driveway
- In this chapter we explain some terms in relation to driveways, as well as look at the most commonly found problems. We also look at preventative maintenance.
Legislation – Strata Titles Act
Click on Legislation above, to view strata title legislation and hints.
Legislation – Community Titles Act
Click on Legislation above, to view community title legislation and hints.
Driveways are commonly constructed from concrete, bitumen and brick pavers.
Common Problems – pavers
- Gaps appear between pavers and over time they become lose under foot.
- Weeds and moss growing between the pavers. Weeds and other growth can be treated with a glyphosate based product such as Zero or Roundup. These are available at your local nursery or hardware store.
The following pictures illustrate many of the common problems with driveways, leaving them in a poor or dangerous state.
Pavers gapping and moving:
This can be caused by poor foundations and or failure to maintain the grouting. An inappropriate paver can also contribute to this problem. Interlocking pavers are generally better at handling road traffic. An annual application of sand and cement grout can help prevent movement and weeds. If problems persist we suggest a professional paving contractor be called in.
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Concrete cracking
Concrete can crack for a variety of reason. In this case the soil has shrunk and the concrete is not reinforced. The entire square needs to be replaced. Cracks can be trip hazards.
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Bitumen pot holes
Bitumen is subject to pot holes. Once present, a pot hole holds water, the water then goes on to erode the sub-base of the driveway. This, along with traffic, increases the size of the hole over time.
Filling potholes is usually a simple process of removing any debris and loose rock and refilling the hole with bitumen. Make sure that the filler is packed down flat, not just dumped into the hole and left as a hump.
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Bitumen cracking
Bitumen is subject to cracking. This is often the result of soil movement or tree roots under the road. Untreated, cracks allow water under the bitumen where it will erode the sub-base. Cracks are commonly treated with hot runny bitumen poured into the cracks.
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Hint
Undertake an inspection before Winter rains
Best Practice
Catch and treat driveway problems early. This will save money and the risk of injury.
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Paver installation & maintenance |
Paver installation & maintenance
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Strata Titles Act (plan number less than 20,000)
Driveways: Section 5 part 5 of the Strata Titles Act spells out the physical boundaries of a unit by defining what the unit holder owns and therefore is not the Strata Corporation’s responsibility to maintain.
Section 5. Boundaries
(5) Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a unit by strata plan—
(b) where a boundary is defined by reference to a floor—the boundary is the upper surface of the floor;
Section 25. The functions of the strata corporation are as follows:
(a) to administer and maintain the common property for the benefit of the unit holders and, to such extent as may be appropriate, other members of the strata community
What does this mean?
- driveways on common property are the Corporation’s responsibility to maintain. Driveways on unit subsidiaries are often considered to be the unit owner’s responsibility, however we recommend legal advice be sought on this matter. Check your group’s strata plan see Strata Boundaries
Community Titles Act
Strata Division (one lot above another)
Driveways: Section 19 of the Community Titles Act spells out the physical boundaries of a lot by defining what the lot holder owns and therefore is not the Corporation’s responsibility to maintain. see Boundaries
19(4) Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a lot by strata plan:
(a) where a boundary is defined by reference to a wall or fence—the boundary is the inner surface of the wall or fence;
(b) where a boundary is defined by reference to a floor—the boundary is the upper surface of the floor;
(c) where a boundary is defined by reference to a ceiling or roof—the boundary is the under surface of the ceiling or roof.
Section 75 —Functions and powers of corporations
(1) The functions of a corporation are—
(a) to administer, manage and control the common property for the benefit of the owners of the community lots; and
(b) to maintain the common property and the property of the corporation in good order and condition
What does this mean?
Driveways on community titled Strata Divisions (1 lot above another) are treated the same as a Strata Titled group. The corporation owns the driveways and is responsible for their maintenance under Section 75. Driveways on lot subsidiaries are often considered to be the lot owner’s responsibility, however we recommend legal advice be sought on this matter. Check your group’s strata plan see Community Boundaries
For regular lot by lot Community Corporations each lot owner has ownership of the driveways within their lot.
