We have a number of townhouses within our complex which are suffering ongoing issues with cracks internally to the building. Is the Body Corporate liable for repairs to the cracking inside the building?
We have a number of townhouses within our complex which are suffering ongoing issues with cracks internally to the building. These are caused by seasonal effects/moisture on the ground underneath the buildings which have a reactive clay soil base.
The question is whether or not the Body Corporate is liable for repairs to the cracking inside the building? The Body Corporate has taken the position that external skin and frame are our responsibility and repairs internal to the building are the owners responsibility.
As a general position – the body corporate would be responsible if it were a building format plan and the lot owner would be responsible if it is a standard format plan.
The answer to this question will depend on:
- Whether there is evidence to prove the cause of the damage; and
- Which type of survey plan the lots are created in.
As a general position – the body corporate would be responsible if it were a building format plan and the lot owner would be responsible if it is a standard format plan.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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