This article discusses owners corporation liability for trespassing contractors and the protection provided by public liability insurance.
Question: Could the owners corporation be liable if a neighbour’s contractor trespasses onto common property, such as climbing onto a carport roof, and is injured or causes damage?
A committee member recently found an arborist, contracted by the neighbouring property, standing on the roof of our carport to trim a hedge. The committee member told the arborist it was dangerous, but did not instruct them to leave the roof or ask them to seek permission from the owners corporation.
If the owners corporation does not make a formal complaint, does this amount to tacit approval and expose the scheme to liability for injury or damage caused while on the roof? Would it be advisable to post signage stating that no one is permitted to access the roof without written permission from the owners corporation?
Answer: The most important consideration is that the owners corporation holds public liability insurance.
Personal injury and public liability claims are always assessed on a case-by-case basis, and outcomes can vary significantly depending on the specific circumstances and the legal arguments put forward.
In this instance, while it is difficult to predict how a court or insurer might interpret a committee member observing the arborist on the roof without immediately intervening, it is unlikely this would automatically amount to tacit approval of the activity. However, in some cases, a failure to act or respond can be raised as a contributing factor, which is why it’s helpful to document such incidents and any actions taken.
The most important consideration is that the owners corporation holds public liability insurance. This insurance is designed to respond to claims involving injury or damage on common property, including legal defence costs. As long as appropriate cover is in place, these matters would typically be handled by the insurer’s solicitors if a claim were made.
While some might suggest installing signage as a deterrent, it’s important to recognise that if someone is already prepared to trespass onto the roof without permission, it’s questionable whether a sign would prevent them from doing so. It is also uncommon for owners corporations to install signage for this type of scenario, nor is there any clear obligation to do so. The arborist was, after all, acting without permission and in an area where he had no right to be.
It is difficult to say with certainty whether or not the owners corporation could be held liable in any future incident, as these matters are circumstantial. However, whenever an incident occurs on your property, even involving a trespasser, there is always the possibility of being drawn into a claim. That is why the most important protection remains your public liability insurance, which will cover you for defence and investigation costs in the event of a claim.
In this situation, it may be helpful to consider writing to the neighbouring property owner to make it clear that no access to your property is permitted without written authorisation from the owners corporation. This puts the issue on record and helps to prevent any confusion in future.
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 2025 edition of The VIC Strata Magazine.
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