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Just wondering we own a property within a body corporate and…

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Hi there, just wondering we...
Hi there, just wondering we own a property within a body corporate and 18 months ago our electricity went out. property is in victoria. it was on common ground the issue and cost us $5000, the body corporate have said they will not pay for it and our insurance will also not cover it. it was a fault when the building was made, the fault was on common ground not on our land. it only affected our unit. is there anything or anyway we can recoup the costs? thanks
Submitted: 1 month ago.Category: Australia Law
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Answered in 29 minutes by:
3/20/2018
Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,431
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 1 month ago

if the incident occurred on common property, the body corproate is responsible for managing the matter with all unit holders jointly.

if the body corporate is refusing to deal with the matter you can then raise a claim at VCAT to have the matter rectified correctly.

one of the key points is to confirm that the common area in question is common. To do this you need to review the plan of subdivision for the area as this will tell you if the point in question is common property.

does this answer your question today

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Customer reply replied 1 month ago
Hi John, the body corporate is saying that because it only affected one unit we are liable. also how long do we have to claim against the body corporate if that is the case?
Solicitor: John Melis, Lawyer replied 1 month ago

if the incident occurred on common property all unit holders are liable, that is what common property is about, which you have stated and I agree with you.

you should lodge your claim when you are ready

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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Customer reply replied 1 month ago
Hello Daniel,Thank you for your email.In response to your official complaint i received via email on the 6th of October and in the post please let me confirm the Owners Corporation position in relation to your claim. It is important to note that the Owners Corporation Committee of Management is fully aware of this situation and fully endorse the information set out below.Common Property and Individual ServicesThe diagnosed electrical fault that rendered your unit without power only effected your unit and no other unit. In accordance with the Owners Corporation Act 2006 the Owners Corporation is responsible to repair and maintain: See below excerpt.47. Owners corporation must repair and maintain services(1) An owners corporation must repair and maintain a service in or relating to a lot that is for the benefit of more than one lot and the common property.As this damaged/faulty cabling only services your unit and not “more than one lot” the Act clearly states that the Owners Corporation is not responsible for this repair. I acknowledge your perspective that because the service is under the common property driveway that it must therefore be common property and the responsibility of the Owners Corporation but the above section of the Act should clarify this misconception. I have also attached a copy of the Plan of Subdivision which clearly indicated the boundaries between the common property and individual lots. It is important to note that based on the location of the fault as highlighted by the electrical who attended to the fault, this fault appears to be with in the boundary of your individual titled land should you still believe that it is under common property.I stand by the fact the fault has not occurred in the common property by definition or physical location and that in accordance with the Owners Corporation Act 2006 the Owners Corporation is not responsible to carry out or fund the repairs to a fault serving only 1 lot.The FaultWith the discovery of the fault and the related wiring assessed to not comply with Australia Standards from the Owners Corporation perspective this is a building fault/defect and the matter should be deferred to the builder as per my previous advise over the phone, as a claim against their builders warranty. Furthermore the current CHU Owners Corporation Insurance policy does not provide cover for defective materials or faulty or defective workmanship as per the excerpt below specifically item b:Page 262 We will not pay for:a demolition ordered by any Public or Statutory Authority as a result of Your failure, or the failure of anyone actingon Your behalf, to comply with any lawful requirement or due to the incorrect siting of Your Insured Property;b the cost of rectifying faulty or defective materials or faulty or defective workmanship;c consequential loss, loss of use or Depreciation other than as specifically provided under an operative AdditionalBenefit or Special Benefit.Page 201 Temporary accommodation / rent / contributions / storagea Temporary accommodationWhen You occupy Your Lot/Unit We will pay the reasonable cost of Temporary Accommodation You necessarilyincur if Your Lot/Unit is made unfi t to be occupied for its intended purpose by:i loss or damage that is admitted as a claim under Policy 1; orii reasonable access to or occupancy of Your Lot/Unit being prevented by damage from an Event claimableunder Policy 1 happening to other property in the immediate vicinity.We will pay:under a i from the time of the Event until the time You reoccupy Your Lot/Unit following completion of rebuilding,repairs or replacement; andunder a ii from the time of the Event until the time when access to Your Lot/Unit is re-established.b RentWhen You have leased out or can substantiate by means of a signed agreement that You would have leased outYour Lot/Unit or Common Area We will pay the actual Rent You lose or would have lost if Your Lot/Unit orCommon Area is made unfi t to be occupied for its intended purpose by:i loss or damage that is admitted as a claim under Policy 1; orii reasonable access to or occupancy of Your Lot/Unit or Common Area being prevented by damage froman Event claimable under Policy 1 happening to other property in the immediate vicinity.We will pay:under b i from the time of the Event until the time Your Lot/Unit or Common Area is relet following completion ofrebuilding, repairs or replacement provided You demonstrate You have taken all reasonable actions to obtain a newtenant; andunder b ii from the time of the Event until the time when access to Your Lot/Unit or Common Area is re-established.I have attached a copy of the CHU Product Disclosure Statement and I draw your attention to page 20 & 26 of this document from where the above excerpts were taken. I recommend that you contact CHU directly on 8695 4000 and ask to be transferr
Customer reply replied 1 month ago
this is the email where they show they do not have to pay for the electricity fault, the fault cost us over $5000.
Solicitor: John Melis, Lawyer replied 1 month ago

do you have a copy of the plan of subdivision ?

as you may be able validly argue against the correspondence

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Customer reply replied 1 month ago
I will ask them for it. thanks heaps
Solicitor: John Melis, Lawyer replied 1 month ago

you are most welcome.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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Customer reply replied 1 month ago
We are unit 50
Solicitor: John Melis, Lawyer replied 1 month ago

i invite you to select telephone services so we can discuss by telephone, would this be ok ?

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