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.[vc_separator type=\”normal\” color=\”rgba(0,0,0,0.1)\” up=\”40\” down=\”40\”]
Hynes Webinars for repairs and maintenance in Body Corporates
Mould in strata: https://hyneslegal.com.au/insightswebinars/who-is-responsible-for-mould-issues-in-strata-communities
Water ingress: https://hyneslegal.com.au/insightswebinars/water-ingress-in-body-corporate
Improvements vs. maintenance: https://hyneslegal.com.au/insightswebinars/improvements-vs-maintenance
Further reading
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
