VIC: Q&A Owners corporation water damage claim for unreasonable flow of water

This article is about how an owners corporation water damage claim can lead to suing other owners corporations for unreasonable flow of water in Victoria.

Question: 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?

Answer: 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.

Phillip Leaman
Tisher Liner FC Law
E: ocenquiry@tlfc.com.au
P: 03 8600 9370

This post appears in the November 2024 edition of The VIC Strata Magazine.

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