#78684
Jimmy-T
Keymaster

    I don’t really see why it’s up to all your neighbours/co-owners to fund your loss of rent if they are not culpable.

    Comparisons with a free-standing house are hardly relevant and it’s a matter of responsibility not culpability. The buildingais a whole is benefitting from the remedial work being done. Why then should one owner bear all the costs of disruption.

    The Owner should claim against the OC (as they are the responsible party) and they should claim against the builder, who is the culpable party.  If that is too onerous for the OC, then the scheme should stump up and pay for the disruption to the apartment concerned.

    Again, this work is on common property therefore it benefits the whole building.  Look at it from that perspective then explain why any single owner should bear all the costs  of the related disruption. The big question is, how do you calculate the disruption – from when the OP can’t rent it out due to possible disruption or when the work actually starts? If the OC dig their heels in, I’d take it to NCAT, just to get a ruling.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.