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Topic
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Recently, a domestic dispute involving a tenant and their known extended parties caused damage to the common property. A door was kicked in which damaged both the door and the frame.
Police attended, took photos and filed a report.
What is the procedure for the OC to follow with regard to the damages?
OC repairs and chases up the owner?
OC leaves the damage for the owner to repair and he can chase up the tenant for damages via the bond?
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Replies
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Have the OC claim the repairs on the OC insurance.
Provide the insurance company with a copy of the police report and a statement that the tenant did the damage.
The insurance company can then chase the tenant for the costs (if it so chooses)
If there is an excess to pay, inform the lot owner that they are expected to pay the excess. Then let the lot owner chase up the tenant.
To answer the first question, the Owners Corp needs to fix the door first and start demanding insurance payments and excess payments after, if need be. The front door is common property and there are long established principles of strata law that a) the OC needs to fix common property expeditiously and b) fixing it doesn’t alter who is responsible for paying for the repairs.
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We had a similar scenario in that the tenant damaged the door – but replaced it without the OC finding out until after the event. The replacement door is not in keeping with the other doors nor is there any verification that it is fire-rated.
The OC has been trying to replace the door by our authorised maintenance company but the tenant refuses access – and his managing agent seems intimidated by him.
What can we do?