NSW: Is a lot owner liable for damage caused by failing to maintain their lot?

Published May 1, 2026 By Leanne Habib, Premium Strata Leave a Comment Last Updated May 1, 2026

Question: Is the lot owner required to maintain their lot?

A lot owner in our building rents out their unit but does no maintenance:

Two water leaks caused damage to the unit below.

Water hammer originating in the hot water taps in the lot causes noise in surrounding units.

Their balcony tiling has little grout left and is leaching water and staining the newly painted common property.

Their balcony door leaks allowing water into the unit, and there is magnesite in the slab under the carpet.

These issues are causing angst to the other lot owners and potentially damaging common property. The owner has ignored requests from the strata manager via minuted decisions by the committee. Is the lot owner liable for damage caused by lack of maintenance?

Answer: Lot owners may be held liable for consequential damage to common property caused due to a failure to maintain lot property.

Yes, lot owners may be held liable for consequential damage to common property caused as a result of a failure to maintain lot property. Further, lot owners are under a statutory obligation not to use their lots in a manner that causes a nuisance or hazard to the occupier of any other lot.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440

About Leanne Habib, Premium Strata

Leanne is leading the conversation in strata and community management across Australia. With a distinguished career spanning over 25 years and holding credentials as a licensed Strata and Community Manager and Real Estate Managing Agent, Leanne has masterfully redefined the essence of premium strata service. Her approach, honed through years in senior roles within top-tier agencies, is unwaveringly client-focused, ensuring that expectations are not only met but consistently exceeded.

As a pivotal member of the Strata Community Association (SCA) and the CEO of the award-winning Premium Strata, Leanne, together with her team of seasoned strata managers, embodies a commitment to unparalleled service excellence. Beyond steering Premium Strata and Premium Building Management, her influence extends across the property industry as a leading voice. Leanne's insights on legislative updates and industry shifts are invaluable, offering guidance to lot owners on intricate strata matters and fostering effective and informed strata management practices.

Leanne is a regular contributor to Lookupstrata. You can take a look at Leanne’s articles here .

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