Hi Whale,
Im not sure I agree with you 100% as ‘damage’ has been caused and the property deemed unihabitable (hopefully by an expert) with the recent McDonough v The Owners Strata Plan No 57504 cas confirming that damage (to personal property, being Lot Property) caused by a failure of common property amounts to a negligent act.
My Strata Lawyer who looked after this case said as much.
Also, why would an insurer pay for an Owners Corp not looking after ‘their’ common property?
Or am I wrong in thinking an OC failing to look after their ‘roof’ is a defined (or expected) event?
Whilst I get what you are saying, being a lot easier than mounting a court case, surely a landlord should not have to double up by arranging insurance for its tenants actions AND those of a dysfunctional or lazy OC?
As you probably know, I have had part of my balcony ‘stolen’ by my OC, surely they are suppose to look after the interests of ALL owners in the spirit of democracy!
Hope my opinion does offend and if love to hear your ideas, as I respect you so much, but as Jimmy said similarly in a former post… If you EC(OC) and not looking after the common property for all (selflessly) then move on and let someone else who wi
My lawyer reckons it’s only a matter of time until the Thoo decision is overturned and it will most like be a case regarding ‘habitability’ that will overturn it… Time will tell!!