Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

A strata unit, had extensive termite damage, who is liable to pay?

Customer Question
In a strata unit which...

In a strata unit which has had extensive termite damage to common property and internal walls, who is responsible for payment of repairs Strata Schemes Management Act NSW 1996

Submitted: 8 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 2 hours by:
7/13/2010
Solicitor: Leon, Solicitor replied 8 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,899
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Hi JACUSTOMER-giqkefyh-

it is the responsibility of the body corporate to rectify the problem of termites.

Each unit holder has to pay their share of the the cost for rectifying the problem. If there is enough money in sinking fund then it should come out of that.

I hope this is of assistance
Ask Your Own Australia Law Question
Customer reply replied 8 years ago
I will need to have your opinion where the internal walls which are within the Lot and not defined as common property are damaged does the o.corp pay? and if yes on what basis.
Solicitor: Leon, Solicitor replied 8 years ago
HI JACUSTOMER-giqkefyh-

a unit owner owns from the paint in.

The building itself is common property. You can look at the strata plan and each lot is in dark black.

If you damage the internal wall then you have to repair it.

If it is damaged from outside due to water coming in it is a body corporate problem.

The creation of Common Property occurs under the Strata Schemes (Leasehold Development) Act

http://www.austlii.edu.au/au/legis/nsw/consol_act/ssda1986351/

Here is some further information for you

http://www.strataman.com.au/strata.html#comprop

I hope this is of assistance

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,899
46,899 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,899 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Amendments to the Strata Titles Act in 1997 moved ownership
Amendments to the Strata Titles Act in 1997 moved ownership of a Strata Title building on a lot from the inside walls to the outer surfaces of each respective building. My understanding is that each l… read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
I am an owner of a unit in a strata building. There are
I am an owner of a unit in a strata building. There are approximately 60 units in the building of which 2 units are on ground level.These 2 units are effected by rising damp. The cause of the rising d… read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
I am in an OC. One of the units has leaking Tile shower base
I am in an Owners Corp. One of the units has leaking Tile shower base leaking to the unit below. Who is responsible, it was built well prior to 1974. I am assuming it would be the owner of the Unit as… read more
Expert
Expert
Is there a basis of calculation to how much % of the sinking
Is there a basis of calculation to how much % of the sinking fund can be used to repair and paint the Body Corp Building and surrounds?… read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
Hi Leon I bought a strata unit in May this year and we completed
Hi Leon I bought a strata unit in May this year and we completed a building inspection, which advised there was some damp and the weep holes were covered up on the outside of the building and that the… read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
I live in a strata complex which is approximately 4 years old.
I live in a strata complex which is approximately 4 years old. From day 1 i have complained about noise/quiet enjoyment. Investigations reveal separating wall does not even meet minimum australian sta… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
We purchased a townhouse which comes under a strata scheme
We purchased a townhouse which comes under a strata scheme in June 2013. We have a number of common property maintenance issues which need resolving but we have been unable to get the body corporate t… read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
Strata unit: I need badly to replace all windows in my rental/investment
Strata unit: I need badly to replace all windows in my rental/investment unit. Strata agent says that Body Corp only can do that with the levy available. Why can't I pay myself (thru body corp if nece… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hello, our rental propertys carpet was damaged due to water
Hello, our rental property's carpet was damaged due to water leakage from the flower bed located in the common area. Despite our repeated reminders, the strata managers had taken over three months to … read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
i refer to the community land development act,1989,section
i refer to the community land development act,1989,section 5d & 5:1a,management statement for community association dp270085.A dispute has arisen between the community assoc. and strata lot owners 571… read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
Can Leon answer this question on strata Law? We own 10 units
Can Leon answer this question on strata Law? We own 10 units in a block of 27. 17 units are owned by the other side of the family. They have created an extra parking space on common property behind th… read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
I live on the ground unit of a block of 9. 4 months ago I
I live on the ground unit of a block of 9. 4 months ago I had a attack of white ant. I did not go through strata management but went ahead and contacted a Pest Controller who treated problem and build… read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
Hi, I live in a unit in Sydney. The water down pipe attached
Hi, I live in a unit in Sydney. The water down pipe attached to my external wall was blocked and as a result the rainwater came into my bedroom when it rained heavily. This happened twice. The first t… read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
I live in a unit and my view is being restricted by a tree
I live in a unit and my view is being restricted by a tree growing in either another owners land or common property. I have requested body corporate to have the tree trimmed. Is there any relief in th… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hello, I write from Sydney, NSW. We agreed at our inaugural
Hello, I write from Sydney, NSW. We agreed at our inaugural AGM late last year (2010) to appoint seven EC members. One EC Member has recently resigned. The six of us remaining feel that we do not wish… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I am a member of an Executive Committee of a Strata Title Complex
I am a member of an Executive Committee of a Strata Title Complex of 21 units. I am in dispute with the Strata Manager over the interpretation of S 65A of the Strata Schemes Management Act 1996. I say… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
SUBJECT STRATA SCHEMES I have just moved into an over
SUBJECT: STRATA SCHEMES I have just moved into an over 55's village, I own my unit which has strata title. I have relied on Strata clauses 115 and 116 to notify the Exec of my plans to renovate my kit… read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers
STRATA Qs.I recently found from looking in the windows from
STRATA Q's.I recently found from looking in the windows from common property of our strata-blding that the Exec Committee (charged with repairing common property in our building)have been undertaking … read more
Leon
Leon
Solicitor
Master's Degree
46,899 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x