Question: 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: 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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