Question: As a WA lot owner, I have been given a $400 bill for alleged damages I caused to the common property driveway. Without proof I caused the damage, do I have to pay?
My Strata company, acting on behalf of the council of owners, has recently given me a bill for alleged damage I caused to our shared driveway. I have told them I didn’t cause any damage but they will not respond to me. They do not have any proof I caused the damage and haven’t provided me with an invoice for the repair. I do not want to be stuck with a $400 bill for damages that I did not cause.
Answer: Until an independent body like the SAT or the courts make a finding as to whether you did or did not cause the damage, you and the strata company are in a stalemate.
It is a fundamental legal principle that the party who makes the allegation must prove it.
It seems like the next step is for you as a WA lot owner is to ask the strata company to show you proof that you caused the damages to the common property. It is only fair that they give you some kind of proof.
Until an independent body like the SAT or the courts make a finding as to whether you did or did not cause the damage, you and the strata company are in a stalemate.
Disclaimer: This comment contains references to and general summaries of the relevant law and does not constitute legal advice. The law may change and circumstances may differ from reader to reader. Therefore, you should seek legal advice for your specific circumstances.
This post appears in Strata News #463.
Civic Legal
E: aquahe@civiclegal.com.au
P: 08 9200 4900
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