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Topic
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Hello, After many years we are finally getting some of our urgently needed replacement windows. The window company installed hording in each unit so that they could work on the other side of the hording and keep the dust to a minimum. Now they have gone and they have left our ceilings damaged. Can anyone remind me of the regulations and section of the Act that states that if the OC damages an owners property doing works to common property they must restore it.
many thanks,
Newlsie
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Hello newisie
In your case of the ceilings being damaged, they aren’t part of an owner’s property, but form part of common property. So the Owners Corporation is responsible for repairing them, they must maintain Common Property under Section 62 of the Strata Schemes Management Act. (provided you are in NSW)
Your Owners Corporation should have required the window company to have had adequate insurance cover prior to engaging them for this work, and taken note of the policy details. Since you maintain the damage to ceilings was caused by them an insurance claim should be lodged against the window company and their insurer for the cost of reinstatement of the ceilings to their pre-works condition.
Hi again
You’re correct in that painting ceilings (and walls for that matter) is normally the responsibility of the lot owner. Since you’ve only quite recently repainted your ceilings you’re obviously not just trying to get a fresh paint job at the expense of the OC. Jimmy and Whale have raised the issue in previous discussions about who pays when damage is caused to an owner’s property as a result of work being carried out by the OC, and the view was that the OC should be responsible to reinstate your unit fully to its pre-existing condition. Where insurance comes to the party and any excess is involved, the OC should make up the excess.
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