Maintenance: Painting
In this chapter we explain procedures for the repainting of common property and its funding.
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.
Repainting is often the largest single expense for owners in a body corporate.
Care needs to be taken to ensure that money is spent wisely and that a long lasting quality job is achieved.
Common Problems:
Here are some common problems with external treatments. Repainting before these problems appear will save the cost of major repairs.
Best Practice
- Obtain a paint specification. Solver may provide one at no cost. Ring (08) 8368 1200
- Have the group’s Management Committee or a General Meeting agree on the specification, schedule of works & colour scheme.
- Consider engaging a suitably qualified person to supervise the works.
- Seek quotes from qualified, licensed and insured painters – ensure you provide the agreed paint specification, schedule of works, a plan of the group and photograph if possible.
- Once you have sufficient quotes, have the group’s Management Committee or a General Meeting agree which one to accept and funding of the works. See Tools below for a pro forma minute on this matter.
- Advise the unsuccessful contractors.
- Advise the successful contractor by phone-
- If your group have the funds to hand establish a start date for the works.
- If you are raising funds, establish if the contractor wishes to start before all funds are to hand in order to fill a gap in their schedule. Otherwise establish a start date after all funds are expected to be on hand.
- Confirm all discussions in writing.
- Advise the painting supervisor (if one has been retained) of the winning contractor, their details and start date.
- Ensure all residents are advised in writing at least a week prior to painting commencing. The contractor will need to have external windows and doors opened from time to time.
- Once work is underway ensure compliance with the paint specification.
- Only make progress payments once the management committee and/or painting supervisor is satisfied with the work.
- Upon completion we suggest a walk around the group. Look for areas and spots that may have been missed along with paint spatter that needs cleaning up.
Hint
Avoid painting in cold wet weather.
Following the repainting of your group consider establishing a Sinking Fund that will over the lifetime of the paint raise sufficient funds to pay for the next round of painting.
See the Boundary chapter for the definition of Common property to check what is common property
Tools
Example of general meeting minutes that may be useful:
The Management Committee is to obtain and consider a Solver Painting Specification and schedule of items to paint and then obtain quotations for the work. The Management Committee is given the power to act to accept a suitable quotation. The work is to be funded from the Sinking/Reserve Fund. If the Fund is insufficient then the Management Committee is authorized to raise a special levy.
Levy: The levy is to be charged equally, rather than in accordance with unit/lot entitlement, to those persons registered as proprietors of a unit/lot at the time a decision to proceed is made. (requires a unanimous resolution if owners currently pay by unit/lot entitlement)
OR
Levy: The levy is to be charged in accordance with unit/lot entitlement, to those persons registered as proprietors of a unit/lot at the time a decision to proceed is made.
|
Sample painting specification |
Exterior colour chart
|
Link to Solver website
|
Strata Titles Act (plan number less than 20,000)
Paintwork that is not within a unit or unit subsidiary is common property under Section 5 of the Act. Section 25 explains the Corporations responsibility to maintain the paintwork.
Section 5 (6) The common property comprises:
(b) any pipe, cable, wire, duct or drain that is not for the exclusive use of a unit;
(c) any structure that is not for the exclusive use of a unit installed before the deposit of the strata plan;
(d) any structure installed by a strata corporation as part of the common property;
(e) any other structure on the site committed to the care of a strata corporation as part of the common property.
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; and
(b) to administer all other property of the corporation
What does this mean?
The strata corporation is responsible for the repainting of the exterior of the buildings being common property under Section 5 of the Strata Titles Act – see Boundaries
Hint
Take a look at the strata plan for notes regarding the upper limits of the unit subsidiaries. The unit subsidiary usually stops just before the eaves. This sees the eaves, facia and gutters as common property.
Community Titles Act
Strata Division (one lot above another)
Paintwork that is not within a lot or lot subsidiary is common property under Section 5 of the Act. Section 25 explains the Corporations responsibility to maintain the hot water service. In a Strata Division the community corporation is responsible for the external paintwork of the lots.
Section 28—Common property
(1) The common property created by a community plan comprises:
(a) those parts of the community parcel that do not comprise or form part of a lot; and
(c) in the case of a strata plan—those parts of the building that are not part of a lot; and
(d) any building that is not for the exclusive use of a lot and was erected before the deposit of the community plan; and
(e) any building erected by the developer or the community corporation as part of the common property; and
(f) any other building on the community parcel that has been committed to the care of the community corporation as part of the common property.
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?
If your group has 1 lot above another then the corporation is responsible for the repainting of the exterior of the buildings being common property – see Boundaries
Painting at community titled Strata Divisions (1 lot above another) are treated the same as a Strata Titled group. The corporation owns the exterior surfaces and is responsible for their maintenance under Section 75. Paintwork within a lot or its subsidiaries is a lot owner’s responsibility.
For strata divisions take a look at the plan for notes regarding the upper limits of the unit subsidiaries. The unit subsidary usually stops just before the eaves. This sees the eaves, facia and gutters as common property.
For regular lot by lot Community Corporations each lot owner is responsible for all painting within their lot.
