› Flat Chat Strata Forum › Common Property › Damage to Air Conditioner by gardeners employed by strata › Current Page
The Dawdells said:
Ok, here's the response from our strata manager…any thoughts?:
I understand your concerns however there is no obligation on the owners corporation to repair or replace items that are damaged as a result of a contractor regardless of who engaged them. There is no negligence or liability on the part of the strata plan.
A similar scenario could be if a contractor engaged to undertake work at the building accidently hit one of the owners vehicles, there is no liability on the owners corporation or the owner who engaged them.
If a mowing contractor rolls up to a house and puts a small rock through a door during the course of his work he claims on his insurance and fixes things up. If he will not come to the party the owner can claim on their insurance and often the owners insurer will pursue the contractors insurer or the contractor. Why is this so different .. i don't think it is.
I am sitting here laughing out loud at what the agent has written. I am not a lawyer. I do self management services which help OCs get rid of hopeless managers and allow the owners to do many of the things they pay agents too much for. I am not anti-agent but too many agents are getting too much out of OCs for doing simple tasks. The owners just need a little knowledge and some first time guidance to do it themselves.
The OC has a duty to maintain and repair regardless of who cause the damage; have your agent read s62 and see what poor excuse is offered for still not fixing the matter.
Seriously … look for a new agent.
I will watch this topic with interest for a legal opinion. For me the only question is whose policy should be making the claim, the gardener or OC.
At present i feel the gardener should have insurance and should be claiming to fix the damage.