NSW: Q&A Common Property Defects and Reimbursement for Repairs

 

Question: If an issue in common property leads to flooding in the unit and damage to the unit, is the owners corporation responsible to repair or reimburse the costs incurred to fix the damage?

If an issue in common property leads to flooding in the unit and damage to the floor or ceiling within the unit, is the owners corporation responsible to repair or reimburse the costs incurred to fix the damage?

To investigate an issue reported by the owner of the unit, a tradesperson sent by strata pulls out some wood from the flooring. Does strata have the responsibility to fix this damage?

Answer: The short answer is yes. The Owners Corporation is responsible to repair the flooding damage and to repair the reinstatement works required.

So it’s no different to my car hitting your car. I would be responsible for the damage to your car. That’s how I always put it, very simple.

If the common property has caused damage to lot property, the Owners Corporation who is responsible for the common property is equally responsible to repair any damage caused to lot property. Same as if the Owners Corporation sent a contract at a carrier explanatory investigative works to repair common property, it would be the responsibility of the Owners Corporation to reinstate that common property as well as reinstate the lot property that it has interfered with to conduct those explanatory works.

So yes, the short answer is yes. The Owners Corporation is responsible to repair the flooding damage and to repair the reinstatement works required.

For the full question and our detailed response, visit the original publication at Look Up Strata.

Do you have a question relating to your property or development? Contact us!

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