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Hi Sandra,
RECENT CASE-LAW
Recent adjudication orders and a judgment of the Queensland District Court on termite damage to lot property indicate that a lot owner wishing to claim for damages, or for rectification works to be undertaken, will need to satisfy the following grounds:
a) The body corporate either:
(i) failed in its duty to monitor common property for
termites, or;
(ii) was aware of termites on common property and failed to properly
eradicate the termites or stop them from spreading, and,
b) The termite infestation originated on common property and spread to
lot property.
LOT OWNER’S DUTY TO MAINTAIN THEIR LOT
After satisfying the above requirements the lot owner may also have to rebut an argument from the body corporate that they have not properly carried out their duty to maintain their own lot.
This duty is provided under section 160 of the Queensland Body Corporate and Community Management Act 1997 (the Act) and is detailed further in the regulation modules which apply to the different types of Community Title Scheme in Queensland.
CAN YOU CLAIM FOR REPAIRS YOU HAVE ALREADY CARRIED OUT?
Subject to satisfying the above grounds you would be able to make a claim for the cost of repairs which you have undertaken.
Section 281 of the Act gives an adjudicator the power to order a body corporate to reimburse these costs up to a maximum amount of $10,000.
Kind regards,
Daniel Dimock
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500
https://www.teyslawyers.com.au