#13841
Jimmy-T
Keymaster

    The case that applies most closely to your issue is the Seiwa case, judgement for which you will find here:

    The Seiwa ruling argues, among many other things, that the Owners Corporation has an absolute duty to maintain and repair common property and that not knowing there was a problem, which may have got worse because it wasn't reported, makes no difference.

    In relation to your issue, the argument here is that if Common Property is damaged by a current owner, then the OC should take action against that owner.  But if that owner has sold up and moved on, the OC's obligation is still the same to maintain and repair common property.

    Theoretically, they can try to get compensation for any work they might have to do from the person who cause the damage (the original owner). But that would be expensive and time consuming and basically not worth the trouble.

    In the absence of a special resolution assigning responsibility for the work done and associated installations to the owner and all subsequent owners, the responsibility remains with the OC.

    I suspect you aren't going to find any specific case law to back that up because the principles are already covered in Seiwa so most OCs would be advised to accept the situation and get on with it.

    I will be happy to publish any professional opinion that either supports or contradicts this point of view – I am not a lawyer but I believe this to be the case.

    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.