#30235
kaindub
Flatchatter

    You have a bit of a battle ahead

    There is no provision in the SSMA for the OC to recover money for damage to common property. There is a rule that states that owners are not to damage common property , but that applies to things like renovations rather than accidental damage.

    The OC is responsible for maintaining common property. That includes wear and tear and damage over time.

    So the OC is responsible to repair the damaged lift. They have no recourse to you under the SSMA to ask for any payment. The damage costs would be covered by the  OC insurance. But the excess is probably more than the $500. Again the OC can’t ask you to pay the excess.

    The only way the OC can recover the money from you is to start an action for willful damage ie they sue you under NOT the SSMA for willfully damaging the common property (Yes you are responsible as the owner who contracted the removalists, but you could sue the removalists as well). The difficulty is that the OC has to prove the damage was not an accident, and to prove that your removalists did it. 

    If the OC continues to ask for the money, go to NCAT for a decision. The OC will need to state the part of the SSMA which they are trying to recover the money under, which they will not be able to do (as no such provision exists)

    Remember that any outstanding amount owed to the OC, whether real or otherwise and not paid by you makes you non financial. You cant just sit on this and hope it goes away because in the mean time you can’t get onto the SC

    Hope this helps