#24720
pmo

    If the floor belongs to the owner then the owners corporation is responsible for any damage caused to the floor by the spalling repair regardless of whether it is a fixed or a floating floor and regardless of whether it was installed with or without permission, by virtue of s.65(6) of the Act, which states:

    (6) An owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work, or the exercise of a power of entry, referred to in this section unless the damage arose because the owners corporation was obstructed or hindered.

    There is no penalty under the Act for failing to obtain permission to install a wooden floor and NCAT does not have the power per se to order its removal. If the floor is resulting in a nuisance or a breach of a noise by-law then NCAT can issue an order that the noise be prevented (eg. by putting carpet over the top) but it has no power to order the removal of the floor if it is wholly within the lot.

    NCAT also has no power to override s.65(6) of the Act. If the lot or its contents are damaged the owners corporation is liable for the damage. If the owner had an illegal machine gun stored under the floor and it was damaged during the repairs the owners corporation would be liable for the damage as it is lot property. The fact that the goods may be illegal or may have been installed without permission is irrelevant for the purposes of s.65(6).