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VIC Is Owners Corporation Responsible for Window Repairs?

Discussion in 'Property Law Forum' started by Shelley O, 1 October 2016.

  1. Shelley O

    Shelley O Member

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    We have a window that is under Owners Corporation responsibility and have concerns that it may fall onto a public footpath. We wish to know where we stand if this accident occurs before we can get the Owners Corporation to make the necessary maintenance repairs.

    Do we have an obligation to repair it if we can't get the Owners Corporation to do it?
     
  2. Iamthelaw

    Iamthelaw Well-Known Member

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    If the window falls within common property (you should confirm with the plan of subdivision) the Owner's Corporation manager must organize the repair. If an accident were to occur the insurance of the owner's corporation would cover the costs etc.

    You should write a letter to the owner's corporation firstly requesting proof of insurance and secondly notifying them of the issue with the window and outline that it poses a safety risk.
     
    Shelley O and Rod like this.
  3. Shelley O

    Shelley O Member

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    Thank you. These steps have already been taken.

    Our concern was what liability rested with us if the OC failed to act and the accident occurred?

    Have we done all that could be reasonably expected of us in the court of law?
     
  4. Iamthelaw

    Iamthelaw Well-Known Member

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    If it is common property liability will rest with OC.
     

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