@mini said:
I don’t mean any disrespect to those in this thread in saying this, but it is kind of surprising that everyone in this thread disagrees with my view, yet they cannot cite a single case to prove their assertions correct …
I’d just like to make a general comment here. There are issues that are covered by strata law, others that are covered by other laws and some, that slip through the net, that are covered by common law. It is hard enough to keep track of what’s right and wrong, fair and unfair, in issues that ARE covered by strata law without going off looking for other cases that come under other laws in other circumstances.
The reason people may not be able to cite other cases to prove you wrong could be a simple as no one has challenged at the CTTT, NCAT or in court that the owner of a property is responsible for the damage that a failure of that property inflicts on other owners or, indeed, common property. There is a good reason for that – it’s in the Act and it’s common sense.
This forum is intended to be for people to share ideas and answer each other’s questions in a reasonable, sensible and helpful manner. It’s not here so examine every “what if” that might arise but I’m sure there are other websites around that would welcome any interaction with readers of a quasi-legal bent.
And with that, this issue really is closed.