Hi I have a questions regarding how a Victorian Owners Corporation…

Hello Again Anya,

I see no one else has addressed your question thus far so I will attempt to assist you further. I would have done so earlier but have been busy with other matters.

Under the Owners Corporation Act section 46 the Owners Corporation must maintain the common property.

http://www.austlii.edu.au/au/legis/vic/consol_act/oca2006260/s46.html

Any failure to do so which results in foreseeable damage to a lot owners property will allow the affected lot owner to make a claim for compensation for any damage which results.

According, if you have suffered damage to your property, whether mold/dampness or of some other type arising directly from a lack of maintenance/repair work to the owners corporation then you will have a good claim against the Owner's Corporation for the damage.

As with my previous advice, such a claim can be brought before VCAT and should cost little, however, you should try to negotiate with the Owners Corporation and to assist both your negotiations and any claim brought before VCAT you should obtain an building expert's report as to the both the cost of repairs and the cause of the damage (implicating the lack of repairs to the common property as a factor).

I trust this assists and apologise again for the delay in the response.

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Thank you and good luck,

Patrick