OC Renovations and Damage to Lot Owner's Property. | Talkin' 'bout a renovation | Flat Chat Forum: Your Questions Answered
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If the owner’s corporation is replacing the common property windows to each Lot and during the OC’s works they damage some of the finishes within the Unit/Lot such as plasterboard wall linings, tiling and paint….who is responsible for the costs of rectifying the damaged finishes?
You may need to email me so I can get the info to understand what is going on, however as a firm that Contracts Administrates over $40mil of Strata Refurbishment each year I can say that if the contract has been set up correctly the repair responsibility is on the builder. Any replacement of windows will cause some damage in the process of removing the old windows, most times the damage is repaired as part of the works.
With the information you have provided I can’t help much more, if you need further info send me an email.
If the OC is authorising and managing the works then they are responsible for the builders actions, damage and errors. How they resolve that with the builder is a matter for the contract in place with the builder (as mentioned by another commenter). If it is excluded from the building contract, it may be a cost to the OC, but it should not be a cost to you as the individual owner.
I suggest you write to the OC/strata manager to request its rectification. It should not be a cost to you or your insurer. If they refuse, then you should obtain the reasons (in writing) so that you can take it further.
If the builder is responsible under the contract for rectification, that will be factored into the cost of the contract, i.e. the OC will effectively be paying for it.
In some circumstances the OC and owners may agree for each to meet their own rectification costs, e.g. a friend of mine lives in a block where each owner was responsible for the cost of rectification to their apartments subsequent to installation of fire sprinklers. They figured that as the owners were the OC, they might as well each meet the costs themselves and do some other work if they wanted to at the same time.
A while ago in our building an owner sought permission to renovate their kitchen and bathroom, which included new tiles around the windows, while knowing that we would be replacing the windows. We granted permission subject to them agreeing that they would bear the cost of reinstating those tiles, because they had the option of putting the tiles up later.
The short answer is that if the owners corporation undertook repair work to the common property, and in the course of that repair work, lot property has been damaged then the owners corporation is responsible for remedying this damage as its agent, in this case the window repairer, caused the damage.
Similarly, if a common property defect such as water penetration causes damage to lot property such as carpets then the owners corporation would be responsible for repairing the consequential damage to the carpets.
In your situation, the owners corporation should insist that the contractor who conducted the window repairs comes back to site to repair the damage caused. Keep pushing!
All the best,
Makinson & d’Apice
Makinson d'Apice Lawyers - Legal services for owners, owners corporations, strata managers and community associations. Principal sponsors of OCN.
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