Forums Common Property Current Page

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  • #7397 Reply | Quote
    T

      A person hears loud music from an apartment all day but noone answers the door. The concerned citizen fears their neighbour inside has suffered some unfortunate event, so calls the police who arrive and destroy the door.

      Turns out the neighbour's on a holiday and left their stereo on.

      Who's responsible to pay for the new (and expensive) door: the lot owner, the person who asked the police to arrive and destroy the door (without executive committee notification or approval), or the owners corporation?

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    • #12829 Reply
      Jimmy-T
      Keymaster

        I'd say the Owners Corporation has to fix it under their legal obligation to maintain and repair common property and then they can try to get the money out of a) the police (for breaking it) or b) the owner (for leaving their stereo on too loud).

        a) Would mean a fairly frosty reception from NSW's finest the next time there's a genuine emergency

        b) would mean a lot of hassle with no guarantee of a result worth pursuing (since you can't get costs awarded at the CTTT)

        So, if they've got any sense, they'll put it down part of life's rich tapestry and be grateful there wasn't a dead body in there.  That's probably not the strictly legal answer but I reckon it's the most pragmatic.

        Oh, and set up a register of who's got residents' spare keys.

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      Reply To: When police destroy a front door, who pays to replace it: the OC, lot owner, or complainant?
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