#25848
Lady Penelope
Strataguru

    It is not particularly relevant to the duty of the strata scheme that the deterioration has happened over a considerable period of time. The responsibility of the strata scheme is continuing and just because it has lately come to light, will not necessarily negate the strata scheme’s duty.

    The first step is for the strata scheme to repair. The second step is for the strata scheme to try and recover the cost of the repair from the upstairs owner who may have caused the damage.

     If someone else damages your property, then like any damages claim, you may take legal action to recover the cost of repairs from that person. This will most likely be under the general law of nuisance.

    In the decision in Stolfa v Owners Strata Plan 4366 & ors [2010] NSWSC 1507 (Unreported, Brereton J, 23 December 2010) the Court held that the Hemptons’ obligation to indemnify the owners corporation arose under the general law of nuisance.

    See here for more information on how to go about seeking recovery of costs by the strata scheme from an owner:

    https://www.netstrata.com.au/liabilities-of-owners-for-damage/