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Hi Jimmy, I am new to this so apologies if I have the wrong section. Our EC has told an owner to live in a hotel at the owners cost whilst they explore options to gain compensation from a concrete cancer company who allowed moisture to enter the unit and ruin the carpet. The owner has sited section 65 of the ACT “….an owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work……” by the OC. The EC have engaged an expert who has reported that the claim is so small that it would be unlikely to succeed. But still the EC are locking the owner out until they resolve this situation. It has been 2 weeks already that the owner has had to live elsewhere. Can they do this and if so, what can the owner do to be able to move back into their unit. Thanks, Jan
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This seems a bit heavy-handed. Surely the owner has to agree to vacate (while allowing access for the work). I think this owner needs to talk to a strata lawyer ASAP while possibly informing the OC that legal fees could be a part of the final claim.
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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