#27489
Jimmy-T
Keymaster

    The fundamental problem here is if you say the  gate  latch or hinge failed and tenants were observe misusing it and that led to further damage, it’s hard to blame them without the owners corp accepting some responsibility.

    There is no limit on an owners corp’s responsibility for maintaining and repairing common property.  You could argue that the lot owner had a responsibility too, but the whole thing would be so complicated that the owners corp would be better off paying for the gate repair and taking the opportunity to send out a warning to all owners that they have a duty to report problems with common property on their lots.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.