Question: Can a committee compel a private lot to make repairs when their property is causing a leak that is severely affecting two other lots? The OC and affected lot owners have tried to liaise with the owners of the lot causing the damage but have not been successful.
Answer: The owners corporation can serve a notice on a lot to carry out repairs, maintenance or other works.
Under section 48 of the Owners Corporation Act, the Owners Corporation can serve a notice on a lot to carry out repairs, maintenance or other works if:
- the outward appearance or outward state of repair of the lot is adversely affected; or
- the use and enjoyment of the lots or common property by other lot owners is adversely affected.
This notice should be on the Consumer Affairs ‘Notice of Repairs’ form. It provides the lot owner 28 days to do the works. If the works are not completed within this time, the owners corporation may carry out the necessary repairs, maintenance or other works to the lot and recover the cost from the lot owner. If you are unable to gain entry to the lot to carry out the works, we recommend seeking legal advice and obtaining a VCAT order.
We also note that under section 16 of the Water Act, the lot owner where the leak is originating is responsible to repair any resultant damage resulting from the leak. To speed up the process, the lot owners affected may want to consider seeking legal advice immediately and obtaining a VCAT order for the repairs to be carried out under the Water Act.
The Knight Email P: 03 9509 3144