› Flat Chat Strata Forum › Common Property › Can I get compensation while common property fixes make my flat uninhabitable? › Current Page
But it’s unlikely you can get compensation, but it is worthwhile asking.
Really? Common property is being repaired for the benefit of all owners – why should one unfortunate owner have to bear the cost of relocation? I would run this all the way through NCAT and beyond if it happened to me.
Actually, most of the above response is factually incorrect and seriously misleading (to the point where I am tempted to bin it). But it has value in pointing out the real facts, by way of contrast.
For instance, you don’t have to prove that the OC has been negligent when common property needs to be repaired. It’s a legal requirement under strata law. Buildings get old and start to crumble. The OC still has to fix them.
The comparison with a free-standing home is irrelevant. There is no common property in a free-standing home. Floors and ceilings are common property because someone’s ceiling is someone else’s floor and, in this case, the slab is part of the structure of the building.