These Q&As are about what happens when a lot owner damages common property in WA strata properties.
Table of Contents:
- QUESTION: A previous lot owner who no longer owns a property in the strata scheme installed a skylight without permission. If asked to do so, is the new owner liable to reinstate the common property?
- 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?
Question: A previous lot owner who no longer owns a property in the strata scheme installed a skylight without permission. If asked to do so, is the new owner liable to reinstate the common property and repair any damage?
Answer: In the absence of any more specific information, the answer is yes.
In the absence of any more specific information, the answer is yes.
The general rule is that the lot owner is the party responsible under the by-laws with regard to common property. Once the lot owner has sold his or her lot, he or she has no more responsibilities to the strata company.
However, the previous lot owner should have disclosed to the new lot owner at the time of negotiating the sale that the skylight was installed without authorisation.
Civic Legal E: aquahe@civiclegal.com.au P: 08 9200 4900
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 #466.
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.
Civic Legal E: aquahe@civiclegal.com.au P: 08 9200 4900
This post appears in Strata News #463.
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WA: Q&A Lot entitlements and exclusive use or special privileges bylaws WA: Q&A Contributing to Common Property in Your Strata BuildingVisit our Maintenance and Common Property OR Strata Information WA.
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