Understanding Damage and Responsibility in Strata Schemes
Strata living brings people together under one roof — literally. But when something goes wrong, figuring out who’s responsible for repairs can quickly become confusing.
In Queensland, damage within a strata scheme usually falls into two broad categories: common property (shared by all owners) and lot-owner property (the individual unit or apartment). The key to determining who pays for repairs is understanding where the damage occurred and what caused it.
“Many disputes start because the lines between common property and individual property aren’t clearly understood,” says Sam Cohen, Principal Lawyer at Cohen Legal. “When owners know their rights and responsibilities early, they can often avoid formal disputes altogether.”
Common property typically includes external walls, roofs, stairwells, and shared infrastructure such as plumbing or electrical systems. Lot-owner property covers everything inside the boundaries of a unit — including internal walls, tiles, and fixtures — unless the body corporate’s plan specifies otherwise.
Who Is Responsible for Repairs in a Strata Scheme?
Responsibility for repairs is guided by the Body Corporate and Community Management Act 1997 (Qld) (the BCCM Act). In most cases, the body corporate must maintain common property and any structural elements that serve more than one lot. Lot owners are responsible for maintaining everything within their boundaries.
However, as Sam Cohen explains, “Each strata scheme can have its own quirks. By-laws, maintenance schedules, and building layouts all affect who’s liable for a repair. That’s why it’s important to check the plan and get early legal advice before taking action.”
For example:
- Water leaks: If a leaking pipe runs through a common wall, the body corporate may be responsible. But if it’s an internal fixture, the lot owner might bear the cost.
- Balcony cracks: These can fall under common property if they form part of the building’s structure, but not if the balcony is wholly contained within one lot.
- Roof damage: Typically a body corporate issue, unless it only serves one townhouse or exclusive-use area.
Understanding these distinctions helps prevent unnecessary conflict and expense.
When Strata Damage Becomes a Legal Dispute
Despite best efforts, not every maintenance issue stays straightforward. Disputes often arise when there’s disagreement about cause or responsibility — particularly in cases involving water ingress, poor workmanship, or unclear by-laws.
If discussions stall, owners or committees can lodge a dispute with the Office of the Commissioner for Body Corporate and Community Management, which oversees conciliation and adjudication under the BCCM Act. Some matters may then proceed to the Queensland Civil and Administrative Tribunal (QCAT) for resolution.
Sam Cohen notes that timing and tone are critical:
“Most strata disputes we see in Townsville or Mount Isa could have been resolved informally if parties had sought legal clarity early. Once things escalate to QCAT, both time and cost increase significantly.”
When the relationship between lot owners and the body corporate becomes strained, professional legal support ensures communications remain focused, evidence-based, and compliant with procedural rules.
Resolving Strata Damage Disputes Through Legal Action
At Cohen Legal, the approach is always resolution-first. The team’s experience across Civil Litigation, Residential Property, and Building and Construction Law means they can assess both legal responsibility and practical pathways to repair.
“Effective dispute resolution isn’t just about knowing the law,” says Sam Cohen. “It’s about guiding clients through the process calmly — explaining options like mediation, conciliation, or, if necessary, litigation.”
Key steps often include:
- Reviewing documentation: Titles, strata plans, and maintenance records clarify boundaries and obligations.
- Gathering evidence: Photos, expert reports, and correspondence are crucial when presenting a claim.
- Engaging early: Seeking advice before lodging a dispute often results in faster, less stressful outcomes.
Where conciliation fails, Cohen Legal represents clients in QCAT or the courts, ensuring their rights are properly advocated and that solutions remain proportionate to the issue at hand.
Why Engage Cohen Legal for Strata Dispute Resolution
For many North Queensland property owners, strata disputes are as much about relationships as they are about repairs. Cohen Legal understands the regional realities of strata living — from tropical weather impacts to distance and access challenges in regional schemes.
As a locally grounded law firm with offices in Townsville and Mount Isa, Cohen Legal blends technical skill with genuine care.
“We help clients find clarity when things feel messy,” says Sam Cohen. “Our goal is to leave people better than when they came to us.”
Whether you’re a lot owner, body corporate member, or strata manager, professional advice can make the difference between months of frustration and a practical, early resolution.
Taking the Next Step
If you’re facing a dispute over property damage or maintenance in a strata scheme, Cohen Legal can help you determine responsibility and resolve the issue efficiently. Contact our Townsville or Mount Isa offices for clear, practical advice.
Disclaimer: This article provides general information only and does not constitute legal advice. You should obtain advice specific to your circumstances before making any decisions.