Apartment repair tangle

Our Experts Answer:

This sounds like a bit of a tangle and, unfortunately, you've still got some work to do before you can sort it out. Unlike most apartment buildings, yours is not governed by the Unit Titles Act, which sets out clear and binding rules for how maintenance is arranged and paid for. Instead, your building's maintenance rules will be set out in its own specific 'Memorandum of Lease' document.

Each Memorandum of Lease can be different for each cross leased property so the only way to know what your building's rules are will be to get hold of that document. The best course of action would be take it to your solicitor for advice, or you could consult with a body corporate management company that offers cross-lease administration services (like Strata Title Administration).

Typically a Memorandum of Lease might require maintenance decisions to have a majority agreement of owners or 75% agreement - but there's no way to know exactly what your building's document sets out until you get it into your hands. Good luck and here's hoping you can get moving on those improvements.