Who’s responsible for guttering that damages a car?
This topic spun off out of another discussion about reduced size of a car space. It is now taking over from the original discussion so I have moved it to…
Re: Who’s responsible for guttering that damages a car?
@Austman said: By all means challenge something in the tribunals and courts. But do a bit of research about tort law in Australia. The insurance companies know that law extremely…
Re: Who’s responsible for guttering that damages a car?
@Whale said: So returning to Austman‘s point (post #15), even if two (2) insurers decline to accept a claim by the O/C for reasons of negligence But that’s not what…
Re: Commercial usage on common property
Unless there is a by-law in place allowing the use of the common property, then the answer is yes. In fact, there may be an insurance issue. If someone as…
Re: Who’s responsible for guttering that damages a car?
We seem to have been diverted to concentrating upon whether or not the Owners Corporation’s (O/C) insurers will accept a claim for the costs of repairing its common property roof…
Re: Who’s responsible for guttering that damages a car?
@scotlandx said: If damage is caused to someone’s property by common property, then the OC is liable for the damage. Whether or not it has been “maintained” is irrelevant. …
Re: Who’s responsible for guttering that damages a car?
It was strong winds that tore the gutters down. I have done the letter of demand and that’s where the proof of negligence came in. My insurer said the costs…
Re: Who’s responsible for guttering that damages a car?
Keep Calm – insurance and proof of negligence is irrelevant, as under the provisions of Sect 62 of the NSW Strata Schemes Management Act (1996) Owners Corporations (O/C) are entirely responsible…
Re: Car space limitations
The insurance wanted me to prove negligence. (You can now follow this thread on liability HERE – JimmyT) The pipes seem to be on the original plans. Anyone know where…
Re: Car space limitations
@Keep Calm said: I didn’t have a problem parking slightly out of my covered car space until balcony gutters fell onto my car and left some damage, not covered by…
Car space limitations
I am unable to open the door to get out of my car if i park within the length of my car space, due to some piping and a loose…
Re: TERMITE DAMAGE
Whale thank you for your response. I answer your four questions as follows; 1. I have paid the full amount of the cost of the back boundary fence and the…