› Flat Chat Strata Forum › Living in strata › Bridging the gap between building and contents insurance › Current Page
I agree that the statement is not entirely accurate – in fact, this is something I have been saying for years … if common property fails, and that causes damage to personal property, then the Owners Corp should be liable to repair or replace the damaged property.
However, the “Who’s responsible …” document created by the Lands department in consultation with strata managers says what I said in my article (Note 13). And the new Act actively encourages owners corporations to adopt the terms of the “Who’s responsible …” document as a by-law.
So you’re right – and you could fight this in NCAT or in a District Court as a matter of common law. But that clause in the “Who’s responsible?” document is going to keep tripping us up and, reluctantly, my view is that you have to decide whether or not it’s worth fighting.