@mini said:
With respect s 48 of the Owners Corporation Act 2006 (Vic), subsection 2 requires that the lot owner be served with a notice. A lot owner is only liable for damages under that section if the notice is not complied with in 28 days. That does not appear to be for the op’s case.
In any case, the above is only true is the op is in Victoria since the legislation you have quoted is Victorian legislation. It may be that he is in another state.
But s.49 doesn’t need any notice. That’s recovering the costs that the OC spent. The owner might still need to be given notice make their own repairs at thier cost, which seems the case here. S.49 states that the OC can recover the costs for repairs, maintenance or other works that it undertook for the benefit of lot owners.
I know the above is Victorian OC law but in general, if someone damages your property, do you need their permission before you arrange to repair it? You might not even know who damaged it until aftef calling in the repair man.