Fire Rescue Victoria damaged the door to our vacant apartment when they responded to a nuisance fire call. Who is responsible for the cost of replacing the door?
Our apartment door was damaged when Fire Rescue Victoria responded to a call from an unknown person reporting suspicion of a fire in our unit. The apartment was not tenanted at the time. There was no fire.
Who should pay the $2000 bill to replace the door? Neither the lot owner, resident, nor owners corporation had any involvement in the incident. Who is responsible for the replacement of the door?
If it is common property, the owners corporation might pass on the cost to the lot owner under the benefit principle.
The first step is to work out whether the door is common property or private lot property, as that will determine whose responsibility the repair and maintenance/replacement is. Then the next step is to see whether the event is covered by insurance and whether an insurance claim should be made. If it is common property, the owners corporation might pass on the cost to the lot owner under the benefit principle.
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Phillip Leaman specialises in Owners Corporations law, adverse possession and compulsory acquisition and is the Principal for the Owners Corporation team at Tisher Liner FC Law. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory. Phillip Leaman has been recognised on the Best Lawyers List between 2019 to 2022 in the category of Real Property Law. For information useful to Owners Corporations see our website at: https://tlfc.com.au/expertise/owners-corporation/
Phillip is a regular contributor to LookUpStrata.
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