Question: Is the owners corporation responsible for replacing an asbestos fire door that a previous tenant damaged?
An owner has requested the replacement of an asbestos fire door that a previous tenant damaged. Should the owners corporation be responsible for the door replacement, or should the cost be shared between the owners corporation and the lot owner?
Answer: The owners corporation should undertake the repair works with the consent of the owner at that owner’s sole cost and expense.
If the asbestos fire door is the front entry door, this is generally common property. While the owners corporation is responsible for repairing and maintaining the door, owners should not cause or permit damage to common property. In my view, since the tenant caused the damage, the owner should be responsible for paying for the replacement door. I recommend that the owners corporation undertake the repair works with the consent of the owner at that owner’s sole cost and expense.
This post appears in Strata News #763.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440