Question: Our nine-storey building is about to replace the only lift. We will have no lift for up to 14 weeks. Is the owner corporation liable for resident’s alternative accommodation costs for those unable to manage stairs?
Answer: Short answer is no.
Short answer is no, but some extenuating circumstances may make this question a little more complex.
If the lift is coming to the end of its natural life and will be replaced before catastrophic failure, the owners corporation (OC) is complying with its obligations under sections 106.1 and 106.2 of the Strata Schemes Management Act 2015 (the Act). The OC is obligated to keep all common property items in good and serviceable repair and then to renew and replace, in this case, the lift.
As the replacement of the lift is not due to a failure to comply with their repair or replacement obligations, then section 106.5 of the Act is not relevant in this case:
- An owner of a lot in a strata scheme may recover from the owners corporation, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the owner as a result of a contravention of this section by the owners corporation.
Nathan Clarke Hunter Strata Management E: nathanclarke@hunterstrata.net.au P: 02 4934 2022