Can a body corporate accept an owner’s offer to fund defect investigations and what are the risks?

QLD
Insurance
Maintenance & Common Property
question
Lookupstrata community member

An owner has offered to pay the substantial cost of further building investigation following a defects inspection. Can the Body Corporate accept this offer and are there any problems with this? Our building is under the Accommodation module.

answer
Frank Higginson
Frank Higginson Redchip Strata Law

If the statutory obligation of the body corporate has been breached, then it may be open to the owner to ask for that money back in due course after the investigation.

I suspect there is a bit of context that I may be missing here but it is open to the body corporate to accept an owner paying for something to be done – but it might need to be aware that if it is a statutory obligation of the body corporate that has been breached, then it may be open to the owner to ask for that money back in due course after the investigation.

Frank Higginson Hynes Legal E: frank.higginson@hyneslegal.com.au P: 07 3193 0500

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