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Our son is away and I am looking after his apartment. We have just received a copy of the minutes of an ECM. There are 2 items I have queries about.
The first is that the OC will not longer be held responsible for the replacement of capets in individual lots damaged by water entering the lot from common property.
The second is that the OC will not be held responsible for costs associated with damage to personal items within ann individual lot whatever the cause.
My question is if this is the normal practice then why have these been passed or are they not common?
Thank you.
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I'm not sure that these by-laws are even legal. The Owners Corporation has responsibilities under strata and other laws that they can't just shirk by saying “we no longer accept responsibility”. You can't create a by-law that contradicts state or federal law.
Your OC might argue that this constitutes an agreement not to pursue damages within the community – but I can't see how it would stand up to much scrutiny. I bet if this was challenged they would lose. You should ask a strata lawyer for their opinion but if I lived in your building and my stuff was damaged because of a failure in common property, I'd hound them all the way to the Supreme Court for damages.
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.
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