BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 281
Order to repair damage or reimburse amount paid for carrying out repairs
BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 281
Order to repair damage or reimburse amount paid for carrying out repairs
281 Order to repair damage or reimburse amount paid for carrying out repairs
(1) If the adjudicator is satisfied that the applicant has suffered damage to
property because of a contravention of this Act or the
community management statement, the adjudicator may order the person who the
adjudicator believes, on reasonable grounds, to be responsible for the
contravention—
(a) to carry out stated repairs, or have stated repairs
carried out, to the damaged property; or
(b) to pay the applicant an amount
fixed by the adjudicator as reimbursement for repairs carried out to the
property by the applicant.
Example—
A waterproofing membrane in the roof
of a building in the scheme leaks and there is damage to wallpaper and carpets
in a lot included in the scheme. The membrane is part of the common property
and the leak results from a failure on the part of the body corporate to
maintain it in good order and condition. The adjudicator could order the body
corporate to have the damage repaired or to pay an appropriate amount as
reimbursement for amounts incurred by the owner in repairing the property.
