Body Corporate FAQs
Who is responsible for repairing termite damage in a strata lot?
There is no universal answer to this question, but generally the body corporate for a scheme subject to a building format plan will almost always be responsible for termite damage, whether it is found on common property or a lot. Termites should not be able to access lots if the pest control of common property is adequately managed.
What happens if the strata scheme is subject to a standard format plan?
It is different for a body corporate subject to a standard format plan because it will not carry the same maintenance responsibilities for the structural elements of a lot. In that case, the individual owner can be responsible for termite damage found in their lot unless they can show that:
- the body corporate breached its duty to maintain common property by failing to undertake adequate pest control; and
- the termites came from common property, and therefore caused the damage to the lot.
Of course, alleging these things is easy enough. Proving them is another thing entirely.
Hynes Webinars for repairs and maintenance in Body Corporates
Improvements vs. maintenance: https://blog.hyneslegal.com.au/webinars/improvements-vs-maintenance
Where a body corporate was held liable for damage to a lot-owner’s car because common property was not maintained: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2019/78.html?context=1;query=damage%20to%20vehicle;mask_path=au/cases/qld/QBCCMCmr