Question: The owner in the next bay damaged my car in a common property car park. They never told me they’d caused the damage but told someone else. I paid to fix the car. Can I request that strata reimburse me for the cost of repairing the damage to the car?
Answer: The strata corporation’s responsibility typically revolves around maintaining common property and ensuring safety, not resolving disputes between individual owners or tenants.
Generally, a strata corporation is only held responsible for damage if found negligent or otherwise legally responsible (for example in legislation). In this situation, there doesn’t seem to be any indication that the strata corporation was negligent or played a role in causing the damage to the vehicle. Therefore, they likely wouldn’t be responsible for reimbursing the repair costs.
This issue appears to be between the two vehicle owners. Since the other owner has admitted to someone else that they caused the damage, the best course of action would be to make a claim against the responsible driver. Consider contacting them directly to discuss reimbursement or, if necessary, seek legal advice on how to proceed with recovering your costs. Additionally, if you have comprehensive car insurance, you might also consider contacting your insurer to see if they can assist with the claim process.
Remember, the strata corporation’s responsibility typically revolves around maintaining common property and ensuring safety, not resolving disputes between individual owners or tenants.
Tyrone Shandiman Strata Insurance Solutions E: tshandiman@iaa.net.au P: 1300 554 165
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.
This post appears in the October 2024 edition of The WA Strata Magazine.