› Flat Chat Strata Forum › Common Property › Who pays for external water damage from a building defect? › Current Page
While I mostly agree with Mattb’s reply, I’m going to take issue with item two. I know that the “Who’s responsible for what …” Memorandum states (bizarrely, if you ask me) that the OC is responsible for repairs to personal property required when it has been damaged in the course of repairing common property, but the OC is not required to repair damage to personal property (like paint and skirting boards) caused by the failure of common property in the first instance.
I have said many times that I reckon this is nonsense and a proper court of law (rather than the CTTT) would find that damage caused by a failure of common property was the liability of the OC and not the individual owner. That said, if you were to take this to a CTTT tribunal, they would sneak a look at the Memorandum and probably decide in favour of the OC.
It may only amount to a few dollars here or there but if your insurance didn’t kick in or you weren’t insured, I’d raise a small claims case at your District Court, rather than going through the CTTT’s extremely unpredictable processes.