24Maintenance obligations

24 Maintenance obligations (1) An owners corporation for a units plan must maintain the following: (a) for a staged development—the common property included in a completed stage of the development; (b) for a development that is not a staged development—the common property; (c) other property that it holds; (d) the defined parts of any building containing class A units (whether or not the defined parts are common property); Note This does not include painting, unless the painting is required because of other maintenance (see s 26 (1)). (e) if a utility service mentioned in the Unit Titles Act 2001, section 35 (Easements given by this Act) is provided for the potential benefit of all units—facilities associated with the provision of the utility services including utility conduits; (f) any building on the common property that encroaches on a unit if the building is the subject of an easement declared under the Unit Titles Act 2001, section 36 (Easements declared by owners corporations); (g) as authorised by a special resolution (if any)—all buildings on all class B units on the units plan. Example—par (g) a special resolution authorising the owners corporation to paint all buildings on the class B units and to carry out roofing and structural repairs to all class B units, but excluding responsibility for internal painting and minor repairs of class B units (2) For meeting its obligations under subsection (1), the owners corporation must prepare a maintenance plan taking into account the developer’s maintenance schedule (if any). (3) The maintenance plan must contain the matters prescribed by defined parts, of a building containing class A units, means— (a) the following structures in the building, if load-bearing: (i) walls; (ii) columns; (iii) footings; (iv) slabs; (v) beams; or (b) any part of a balcony on the building.