Re: Who pays for damage to strata common area?

Good Morning Lady Penelope,

Many thanks for your reply.

I have read your comments and I am of the firm belief that your last paragraph describes what has occured.

For the gate to reach its current position it must have been foced, using considerable effort. The level of force is demonstrated by the fact that welds in the metal gate’s frame have been broken and the frame bent. The direction the gate had to move to produce the damage was from the inside of the property to the outside of the property. That is from the private side of the gate.

Given the above it seeems that the repair is the responsibility of the owner and or tenant. I guess my next question is what is the best next step?

To repair the gate it appears that the minimum would be to remove the gate, straighten and then reweld the frame, then repaint it. This is assuming that it is cost effective to repair the gate, if not then replace the gate. Both actions would involve a cost to the strata which is not, in my opinion, fair or reasonable.

As always I would appreciate some advice.

Regards,

Dudley