#26931
Jimmy-T
Keymaster

    I’m going to disagree with Lady P on this one.  Care of the common property in a lot is the responsibility of the lot owner, as is the behaviour of their tenants.  If the lot owner didn’t spot the damage in their inspections between tenants, then the fact that they have missed the chance to claim against the bond is down to them and their agent.  It doesn’t mean they are not responsible. 

    It’s similar to someone saying “my insurance won’t pay for the damage I caused there fore I am not responsible.” Is the owners corp liable becasue some other owners saw the damage being caused?  I don’t think so.

    In this specific instance, I would tell the lot owner that they can either repair it themselves or let the Owners Corp repair it and charge them accordingly. And, unless it was dangerous, I wouldn’t be rushing to repair anything until the lot owner accepted responsibility.

    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.