VIC Owners Corporation - No Duty of Care?

[PeterfromMelbourne]

Hi, I moved into a new unit in a building in Melbourne. I parked my car in my allocated basement car park. There was a leak from the ceiling of the car park and debris and water damaged by car. It will cost $2300 to repair.

The owners corporation say they don't have a "duty of care" to me, and they weren't negligent because this was a construction fault which they didn't know about, so I am out of luck and out of pocket. Is this right?

Thanks in advance.

 

[Rod]

No.

It is arguable they they do have a duty of care to owners. They should be able to claim it on insurance.

BTW, if it is a construction fault they can sue the builder for the damages.

 

[Matthew Karakoulakis]

Hi Peter,

From your facts, the damage to your vehicle was caused due to a building defect. Normally, what people would do in this circumstance is first, they would raise the issue with builder and try to resolve the dispute. If that does not resolve the dispute, you can write to the builder by sending a letter clearly outlining your concerns and remedies you want.

It is advisable to write to the builder because by putting your concerns in writing, you will have a proof of discussion which you can rely on later on to prove that you made genuine and reasonable attempt to resolve the dispute. If that does not work, next step in the process involves raising the dispute with Dispute Building Dispute Resolution Victoria (DBDRV). However, eligibility criteria applies which can found on DBDRV website.

We can advise and assist you in writing a letter to the builder or represent you if the matter proceeds further.

Feel free to contact AMK Law on Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly to arrange a time to discuss your situation.

 

[Rod]

The OP would need to prove a building defect to have a cause of action against the builder. We don't know why there was a leak. May have been the actions of a tradie doing a repair for the body corporate.

Whereas action against the owners corporation by negligence or private nuisance may be easier.

Gives the OP some options