#54523
Austman
Flatchatter

    Does the OC legislation in Vic cover this situation?

    I agree that s.129 is the part of the OC Act that covers this situation.  A lot owner can choose to independently start a legal process against another lot owner due to s.129 without the OC’s involvement.

    I have not seen a case where the OC itself was compelled to take action under s.48 if only lot property was being adversely affected.     Most OCs in VIC leave lot to lot water ingress matters to the two lot owners to resolve and for insurance to take care of any consequential damage.

    But if the common property itself was being damaged the OC would be obliged to take actions under s.4 and s.46.   In virtually all the lot to lot water ingress issues that I have dealt with, the common property itself was not damaged and did not need repair.   Even mould affected lot ceilings were treated and then repainted.   If it went on for too long or the ceiling (assuming it’s common property) became damaged it would be different.