#12493
Jimmy-T
Keymaster

    There are two general issues here – the first is whether or not you are liable for damage caused to the kitchen and secondlywhther the owner has a responsibility, as a member of the Owners Corporation, to report that there was a problem.

     

    The first issue is more clear-cut than it seems;  generally speaking, if a failure to maintain common property has caused damage to an individual's property then the Owners Corporation is liable for repairs.

     

    Now, this is where I get into dangerous waters for the simple reason that I'm not a lawyer. However, I reckon a court (not necessarily the CTTT) would possibly rule that the failure to alert you to the problem has contributed to the damage and therefore this owner can't expect an entirely free kitchen out of this.  However, what you really want is to avoid going through the CTTT (which is, frankly, a lottery these days and they will end up nudging you towards the District Court anyway). 

     

    You also want to avoid going to court if you can becasue it will cost everyone time, money and – most importantly – heartache.

     

    So my advice would be to take advantage of the free mediation service offered by the Community Legal Service (click here) and try to resolve this as amicably as possible.

     

    Leading on from this, I have a question for our legal eagles – do individual owners have a duty under strata law to inform the Owners Corporation that there's a problem with Common Property?

    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.