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WA Car Vandalised at Private Car Park - Who is Responsible?

Discussion in 'Property Law Forum' started by Kush, 17 June 2016.

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  1. Kush

    Kush Member

    17 June 2016
    Likes Received:

    I am currently living in an apartment block, newly developed in Highgate, WA. For the past 8 weeks, my visitor's car is being vandalised as someone keeps puncturing it at. Then 2 weeks ago, it was vandalised with graffiti (permanent marker). Each and every of these incidents is being reported to the agent who simply forwards it to the Strata manager. Sometimes I get a response and sometimes I do not. After the graffiti incident, the Strata manager replied back with "Strata is looking into getting quotes for security cameras".

    Just this week, my car, parked in my bay was dented really bad and I forwarded the photos with an email to the property manager, and followed up with a phone call where she mentioned to me that there will be consequences if I decide to break the lease because of this issue.

    I feel that I am being victimised as I have no way of gathering the evidence, nor is the agent making it easy for myself to move it. She also stated that she will forward my message on to Strata but I have not seen any email yet.

    Please help me on what I can do.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Kush,

    Vandalism no matter where it occurs is a crime and should be reported to the police. That said, simply because it occurs on private property doesn't mean the private property owner is legally liable for not preventing it. Strata doesn't owe a duty of care to residents to prevent theft, graffiti or vandalism.

    I would be grateful that they are considering improving security.
  3. Tim W

    Tim W Lawyer

    28 April 2014
    Likes Received:
    I agree with the above.
    The person(s) who damaged your car are responsible.
    Neither the property manager nor the owners corporation is responsible.

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