Strata: Liability of LL for Resident

[sydprop]

Hi,

My Owners corporation (ACT) has proposed the following motion at our AGM:

“That any claim that arises out of negligence, inaction or wilful damage by a resident, The Owners Corporation reserves the right to recover any excess from the unit owner"

I'm not entirely sure of their intent yet but interested in any thoughts!

Cheers

 

[mary&mat]

Has someone been damaging or neglecting the common property?

This is interesting as I think our BC would find a clause like this useful too.

Is it legally enforceable?

Regards,
M&M

 

[rugrat]

Personally I think it sound reasonable. It would cover if a tenant or if and owner occupier were to do / cause any damage by their actions or inactions.

As a LL, if the tenant were to cause damage, you would be required to pay, but you would then chase the tenant for the money.

The only issue I might have would be to check with your LL insurance as to whether you would be covered for any 'common property'.