Who pays for repairs when a lot owner creates a new car entry that damages common property?
In a two-lot strata, one lot owner created a new car entry from their lot onto common property. The use of the entry has caused damage to common property. Who is responsible for the cost of repairs?
A lot owner who alters access to common property without approval may be liable for damage and costs.
If a lot has created a new driveway or car entry point from their lot, they must first have strata company approval. Additionally, the lot owner may need to consult with the Local Council, as each building and driveway must comply with the building plans, and some amendments may require Local Council approval for vehicle access. If the lot or its residents have damaged common property, it would be prudent to obtain proof (photos/videos) first to confirm that the lot owner caused the damage, then place the lot in breach and request rectification from the lot owner.
Each strata company may have different by-laws. You should review your by-laws to see if there is a cost recovery by-law or penalty by-law that refers to the process in this case. In addition, the standard schedule 1 Governance by-law notes:
Duties of owner
- The owner of a lot must
- immediately carry out all work that may be ordered under a written law in respect of the lot other than such work as may be for the benefit of the building generally and pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of the lot.
Should the lot owner not rectify in a reasonable time, the strata company may need to fix the damage and then pursue the lot owner for the costs.
Log in to your existing Lookupstrata Account to download the printable file.
Jamie Horner is the Licensee of Empire Estate Agents, Licensed in 1997 she has over 25 years’ experience in Strata and Property Management. A trainer at the Real Estate Institute of WA and member of the REIWA Strata Committee and a firm believer in continuous education and building better ‘communities’ in strata and property. Jamie has a Masters Degree in Property, a Degree in Business/Commerce, a Diploma in Management (Real Estate) and a Cert IV in Strata Community Management and Cert IV in Training and Assessment and passion for property. Jamie is a regular contributor to LookUpStrata.
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