OC not maintaining common property

Under the OC Act, the OC has a duty to the duty to repair and maintain the common property, fittings and fixtures and some equipment and services. The duty is to be carried out with due care and diligence. Failure to carry out the duty can result in damages to a lot owner or owners for which an award may be sought from the Tribunal.

The Tribunal examined the question of whether the OC had breached its statutory duty to maintain common property in Hallmark Group (Aust) Pty Ltd v Owners Corporation PS300042M [2014] VCAT 1268. The issue was the failure of the OC for a number of years to repair a cracked window in the glass fa├žade of a commercial building. Damages were awarded to the lot owner for loss of rent associated with difficulties renting the commercial space.

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