Dispute with body Corporate about servicing of roller shutter gates

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4 June 2021
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Hi,
I habe the following case:

An incident happened where a car drove to the Underground Carpark of a semi commercial/residential building.

While driving through, the gate came down and got damaged. Only minor damage on the car.

The car owner claims the roller shutters are faulty and because of the faulty motion sensor, the gate closed when it should not have, because the car should have been detected.
Furthermore, the driver claims that the roller shutters have not been serviced according to standard, indicated by an entry on the roller shutter door that states it was serviced 10 years +

Body Corporate claims reimbursement for the repair. CCTV footage shows the car is already a substantial amount through the gate before it starts closing.

Question: Is there a standard that applies? How can body Corporate assure that the gate was functioning correctly?

Would body Corporate be at fault in case the gate was not serviced in the appropriate frequency?

Furthermore, is a quotation as proof of the repairs sufficient? Why would they not send an actual invoice?
 

Rod

Lawyer
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27 May 2014
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Car owner is likely in the right and can claim damages from the OC.