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Looking at the “who’s responsible … ” document, it says that the Owners Corp is responsible for repainting when the damage is caused by their repairs to common property but not if the damage is caused by the failure of common property in the first place UNLESS the common property failed due to Owners Corp negligence.
OK, define negligence. Failure to properly maintain common property when they know it’s in bad condition would be a definite runner but what about failure to carry out proper checks frequently enough?
As with so many things in strata – it’s more a question of whether it’s worth going through the grief of challenging your Owners Corp or EC rather than what’s legally or morally right or wrong.
