Does an owners corporation have a water damage claim if water is entering the scheme from a third party and causing damage to common property?
Owners corporations have sued other owners corporations in relation to unreasonable flow of water.
I've had situations where water is coming in from a third party. The applicant, as the party who has the loss, needs to go after the person who's caused the unreasonable flow of water. If that's the next door neighbour, then it's a water act claim against the next door neighbour.
I've seen situations where owners corporations have sued other owners corporations in relation to unreasonable flow of water because the neighbouring property has built up the land or failed to install appropriate drainage.
Log in to your existing Lookupstrata Account to download the printable file.
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.
Lookupstrata Directory
Looking for VIC Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment