NSW Theft on common property

If someone steals something on common property that is strata approved, eg, strata allowed an part of air conditioner to be installed in a basement (split system), is it the responsibility of the strata to replace or the person who installed it and owns it?

 

Neither? Need more info.

 

I'm a bit confused here... Who owns and paid for the AirCon? Who has been using the AirCon?
To me it is irrelevant as to who has approved it approved it. You seem to imply that since Strata approved it so Strata should also replace it. Or you think the Installer should replace it?

Or are you referring to some negligence on the Strata part?

Need some clarification or detail I think...

 

Don’t want to give too much away on a public forum, but something was installed (with approval) and the basement was broken in to and it was stolen, and the owner of the stolen property wants strata to replace it. They should use their insurance and I’m not sure why they’re not, I think they’re cheap *******s.

 

If the AC is for the exclusive use of a unit, then it remains the property of the unit. Your AC unit is covered under an exclusive use of common property (possibly a by-law or exchange of letters from the applicant and the Exec of the BC).

If someone breaks into a car in the visitor space, who do you think pays for it (hint: it is common property, all owners have permission to allow visitors to utilise the space, there is no exclusive licence and no warranties from BC as to safety).

 

Perfect. That’s what I said to my husband - if my car was stolen I wouldn’t expect strata to pay for it. I’d use my bloody insurance lol.

The people demanding for us to pay are being ridiculous and have a long list of demands about other things that have nothing to do with us. Very difficult people!

 

Vote them down.

 

We wouldn’t vote to approve their very dumb requests, just wanted to make sure we weren’t liable. The building has problems that need fixing and they’re making all these requests to fix aesthetic problems and all sorts of things that are very low down the list of priorities.

 

Literal answer to the air con scenario

Firstly - it seems very strange for someone to steal an external aircon unit. It doesn't have much if any value.

From what you describe the aircon unit is a lot owner fixture/improvement. There is not a strong argument that it is common property.

If the owners corporation was really well run, there should be a specific registered by law for the aircon unit stating the lot owner has all responsibility etc.

That being said, the aircon unit will be covered under the the owners corporation strata insurance as a lot owners fixture or improvement.

The lot owners contents insurance may cover the aircon as a fixture or fitting. However, one of my policies specifically covers aircon but has an exclusion where there is coverage under another policy (e.g. strata)

Either way the excess should be payable by the lot owner and they can make the claim themselves directly.

 

When you consider their request - might be worth considering the owners corporation's statutory obligations, e.g.

1. An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
2. An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.

If it is still on the list of priorities - then presumably the request is valid and the owners corporation has an obligation to attend to it unless it is explicitly decided not to.

 

It’s not actually an air con, that was the best example I could think of without giving it away. It’s a fixture that’s a specific piece of equipment related to their business. There’s no way we would have approved it if we thought we’d be liable. The thief broke the lock to get into the garage, we couldn’t have stopped that.

 

They're just sore they lost part of their business and I'm guessing it's an expensive part.

Sounds like hell, I wish you all the best.

 

If this "equipment" is for the Owner's personal use, I'd say it'd be illogical for the Body Corp to bear the cost.
However, if this person is the Onsite Manager (or Building Manager in some states), and the equipment is used to maintain the whole Complex, it can get complicated. Just thinking how they can substantiate their claims.
At the end of the day, I think the keyword is "fair and reasonable".

 

The normal process for approval includes the condition that responsibility for upkeep of the item is the sole responsibility of the unit it is attached to, and any future owner. Permission is only granted to locate the unit on common property.

If the unit broke down, surely the owner could not expect strata to pay for the repair.

 

Cool room compressor or whatever, it doesn't matter. The principle is that it's the sole responsibility of the lot owner to secure and maintain their equipment unless it's a shared service eg boiler/chiller/hot water unit serving two units.

 

Perhaps the OC could point out permission could be rescinded due to liability issues that have been raised.

 

Thanks everyone, very helpful.