#14440
Jimmy-T
Keymaster

    In cases where you can show that it's a common property fault, then the OC should pay for the damage (not just the excess).

    The question of the security gate is a little trickier.  If it says in your by-laws that the OC takes responsibility for making the carpark or building secure, then you have a claim.

    You may still have a claim even if it doesn't say that but it might be harder to prove.  For instance, if the Executive Committee had known the gate was insecure and had made a decision to do nothing about it, I reckon you would have a strong claim.  But if your by-laws say that vehicles and goods are stored at owners own risk, then you're up against it.

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