ccgirl – Has a termite inspection and report been undertaken already?
If not the OC has a responsibility to investigate the issue and have a termite specialist report on the alleged problems. The inspection should occur in a timely way. The report should try to identify the termite’s entry point to the Lot.
It some cases the Lot owner exacerbates the termite problem by creating damp spots around the perimeter of their Lot e.g. HWS system overflows. The Lot owner would then need to share and bear some of the cost of the repairs.
Yes, the OC is fully responsible for the repair of the flooring if it is determined that the termites came from the common property and that the lot owner did not contribute to the problem themselves.
If the OC is responsible for the damage then the OC should seek a suitable repairer as soon as possible. The OC insurance may be able to cover the costs. Check the OC insurance policy.
The OC should also try and identify the location of the main termite nest and any sub nests, and try to eliminate them.
From experience, bait stations are a good way of doing this.
Below is a legal opinion from a Qld perspective:
“To prevent a claim by an owner that a termite infestation was caused by the body corporate’s failure to act, a body corporate should:
- take steps to prevent termite infestation by engaging a professional to report on any potential termite hazards;
- put into place a termite prevention system;
- if termites are found, the body corporate’s monitoring of the maintenance systems should be increased;
- make sure that if an owner finds termites in their lot, they should ensure the termites do not spread to the common property
- should allocate money in annual budgets and spend it on termite prevention or control;
- keep written records of the termite management programme
- keep the owners informed in reports made to them;
- advise owners of termite risks such as wood chips in garden beds, keeping garden beds away from external walls, removing old timber, cardboard or newspapers and avoiding accumulation of rubbish that may attract termites.”
https://belllegal.com.au/body-corporates-termite-infestations-takes-blame/