#14065
clive2000
Flatchatter

    A person who damages another's property negligently can be sued for damages, so likewise your owners corporation should be able to sue anyone who negligently damages the common property.

     

    Also, section 44 provides effectively that the bylaws constitute a contract (covenant) between the OC, and individual owners and tenants. So technically, anyone who is bound by a bylaw and breaches it, is in breach of contract and can be sued for damages in say the Local Court (I understand that CTTT doesn't have jurisdiction over damages claims for breach of contract or negligence), although I have never seen section 44 used in such a manner. If section 44 could be enforced in this way, then there would be no need for notices to comply etc to be used, and the OC could sue the tenant directly.

     

    Perhaps some of the lawyers could comment further.