Re: Damage to Parked Vehicle in Basement Carpark

› Flat Chat Strata Forum › Common Property › Damage to Parked Vehicle in Basement Carpark › Current Page

09/06/2011 at 2:57 pm #12962
Simone
    We agree that the by-law contravention in respect of parking in a designated visitors parking area is a separate issue from the damage to the vehicle.

    Under s.62 of the Strata Schemes Management Act 1996, the owners corporation has a duty to maintain and repair property.

    If the owners corporation has failed to maintain and repair common property and this has resulted in damage to personal property, the owners corporation is responsible for the damage and a claim can be made against the owners corporation.

    Under s83 (1) of the Strata Schemes Management Act 1996, “the owners corporation of a strata scheme for the whole of a building must insure the building and keep the building insured under a damage policy with an approved insurer”. Therefore, the car parking area, being part of the building, ought be be insured.

    Yours faithfully
    Simone Balsara
    Lawyer
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