Question: Due to a lift upgrade, our seven-storey building will have no lift access for an extended period. If a top floor resident is confined to a wheelchair, is the owners corporation liable for accommodation costs during the outage?
Our seven-storey building is about to replace the only lift. We will have no lift for an extended period.
Is the owner corporation liable for residents’ alternative accommodation costs for those unable to manage stairs? What if a resident from the top floor is confined to a wheelchair? In what circumstances is the owners corporation liable for accommodation costs during the outage?
Answer: If the owner cannot use the stairs, it is likely a reasonably foreseeable loss for alternate accommodation whilst the lift is being repaired.
An owners corporation has a strict duty under Section 106 of the Strata Schemes Management Act 2015 to properly maintain and keep the common property in a state of good and serviceable repair.
As soon as the common property is not in a state of good and serviceable repair, the owner corporation is in breach of this duty, and an owner is able to recover damages from the owner corporation for any reasonably foreseeable loss suffered.
If an owner or occupier is not able to use the stairs for an extended period in which the lift will not be in use, an owner can seek to make a claim against the owners corporation. If the owner is unable to use the stairs, it is likely a reasonably foreseeable loss for alternate accommodation whilst the lift is being repaired.
Matthew Jenkins
Bannermans Lawyers
E: enquiries@bannermans.com.au
P: 02 9929 0226
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