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Hallo,
Strata plan complex with 122 lots – individual Lot’s garage door damage- NSW.
I’m an owner in a SP where my husband has hit an open garage door for another Lot as driving through the basement area. He has driven past there daily and the door to that Lot is usually left open – this time he has clipped it with his car as hanging lower then usual.
I’ve notified strata manager right away and asked he organizes for a repair. Noted the door was handing lower then usual and that my husband secured T-lock with some cable ties to secure.
The strata manager has not acted on my email for 4 weeks, I was notified as the owner of the other lot has asked me what is happening with the repair.
I followed up and work order was send.
Then out of the blue I received an invoice for a call out fee and quote for the replacement of the door asking me for payment. This was not invoiced to my lot – they asked I pay directly to the supplier.
To say I was shocked is an understatement – I refused the payment.
I’m not being chased by emails saying Quote is attached to proceed with the repairs – please organise with between yourself and Sam.
Could someone please clarify what are my rights here? They way I see it is:
The clearance in the basement area is to the lowest point – my husband’s car has satisfied that clearance and as driving past the area daily had no reason to believe this has changed.
The door should not been left open as there is always a potential for the springs to give in over time and drop.
Accidental damage should be covered by our buildings insurance
It is unreasonable to expect a driving car to get out in front of each open door to check if the clearance has changed slightly- it is not possible to observe slight drop from within a vehicle.
There is a CTTV in the complex – yet no one has reviewed it to check the events.
Garage door is considered common property – yet I’m told to deal with contractor directly and pay his invoice also to deal with the other owner direct. As common property I believe the replacement should be covered from our funds as SP.What are the laws saying here? looking forward to your feedback, thank you
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