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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I live in a duplex of four units sharing common property. I

Customer Question

I live in a duplex of four units sharing common property. I cannot take out my own building insurance because of common property. One of the owners refuses to contribute towards the cost of the insurance. What can I do in this circumstances without having to pay her share?
Submitted: 10 months ago.
Category: Australia Law
Expert:  Patrick H. replied 10 months ago.

Sorry, which state are you in?

If I have assisted you with a previous question, my access to it is closed so I need to confirm your situation from scratch or else risk confusing your situation with other matters.

I appreciate your patience.

Customer: replied 10 months ago.
Queensland Australia
Expert:  Patrick H. replied 10 months ago.

Section 178 and 179 of the following regulations governing body corporate and community management schemes make it clear that the body corporate MUST insure the building and any common property.

Assuming your are generally managed under a body corporate arrangement, which is the case in most properties the body corporate has no legal option but to take out such insurance and if it fails to do so it can be sued by any of the unit holders, and if the problem is only that one unit holder is not paying their fees that have been lawfully levied for such purposes, then the body corporate can and will ultimately be obliged to take legal action against the lot owner to recover outstanding funds and the costs of such action will generally be claimable against the lot owner who failed to pay.

I would suggest you raise these points with the other owners and indeed with the owner who is refusing to pay, as once everyone understands the legal reality the issue the lot owner will hopefully see sense and back down.

I trust the above assists.

Good luck and Please rate my answer.

Patrick

Expert:  Patrick H. replied 10 months ago.

I have tried to assist you but have received no feedback.

PLEASE RATE MY ANSWER as I am only paid for my time and effort if you give a positive rating.

Thank you,

Patrick