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