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Topic
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It appears the ACT doesn’t cover the situation where the OC pays for work undertaken in a lot (emergency or not) that turns out to be an owner responsibility. (Clause 120 refers to specific issues such as those included within by-laws or required through an NCAT order).
Is there experience out there with recovering costs incurred by the OC when a service provider (eg plumber) is called by the OC to service an item (eg kitchen tap) which is the owners responsibility?
I think it would be unreasonable for the OC to be required to obtain written agreement of an owner to pay for the tap repair (example above) when water is flooding the lot.
Any relevant experience would be appreciated.
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Send them a bill. If they refuse to pay, explain all the additional costs they are going to face when you add up the damage done to common property (stretch the truth if need be), the overtime for the building manager and the cost of the debt collection – which will fall to them.
And point out that section 122 (3) allows the OC to enter a lot to conduct work in an emergency.
122 Power of owners corporation to enter property in order to carry out work(1) An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel of the scheme for the purpose of carrying out the following work—
(a) work required or authorised to be carried out by the owners corporation in accordance with this Act (including work relating to window safety devices and rectification work carried out under Part 11),
(b) work required to be carried out by the owners corporation by a notice given to it by a public authority,
(c) work required or authorised to be carried out by the owners corporation by an order under this Act.
(2) An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel for the purpose of determining whether any work is required to be carried out by the owners corporation in accordance with this Act.
(3) In an emergency, the owners corporation may enter any part of the parcel for those purposes at any time.
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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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