By the Paddocks Club team
Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!
We know that an owner pays the excess for claims for damage within their section and the Body Corporate pays the excess for common property claims.
We have a situation where a tree on a neighbouring property was blown over in a storm and damaged the TV aerial on the roof of one of the units.
There is now an argument as to who is responsible to pay the excess.
The conduct rules are silent on the responsibility for TV aerials and dishes and while this only serves the one unit, it is technically on common property – outside of the median line.
My view is that as the TV aerial only benefits the one unit, the owner should pay the excess but I would appreciate your views.
This provision has been altered slightly. Prescribed management rule 23(2)(b) says owners are responsible to pay the excess on any claim for damage to any part of the building that the Act or rules say is the owner’s responsibility to maintain and repair.
Owner refuse to evict the tenant
If an owner of an unruly tenant refuses to evict his tenant is there anything the body corporate can do, other than raising fines for breaches of the Rules?
The trustees can apply to the community scheme ombud service for an order that the tenant stops breaking the rules.
Section 38 of the Community Schemes Ombud Service Act deals with applications and section 39 sets out the prayers for relief – section 39(2)(a) seems to apply to this situation.
Article reference: Paddocks Press: Volume 12, Issue 01, Page 04.
Professor Graham Paddock, Anton Kelly, Dr Carryn Melissa Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.
This article is published under the Creative Commons Attribution license.