Flat Chat Strata Forum Common Property Current Page

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    Anonymous

      Hi CE

      Generally speaking the law does not require
      the upgrade of buildings which do not comply with the BCA or some other code
      because they were built prior to such standards coming into force (with the
      exception of matters which present an immediate danger to person or property eg fire safety defects which might be made the subject of a fire
      safety order requiring work to be completed within a set time).

      However, in the event some Council approval
      is sought (eg for work to common property), then Council may make it a
      condition of approval that at least some non-complying elements of the common
      property must be upgraded.

      To answer your question regarding insurance
      coverage I would need to review the relevant policy held by the OC.

      The extent of an OC's liability will depend
      upon the nature of the potential loss incurred and particular circumstances out
      of which that loss occured. 

      It is prudent to conduct yearly work safety inspections of the common property and act on any recommendations made following
      such inspections. This will avoid any potential liability for fines which
      might not be covered by the D & O policy held by executive committee
      members (if a D & O policy is not held, it should be).

      I hope the above clarifies matters.

      Regards

       

      Chris Kerin

      TEYS Lawyers

      chris@teyslawyers.com.au

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    Flat Chat Strata Forum Common Property Current Page