Garage OC Repairs

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Forums Repairs and maintenance Garage OC Repairs

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  • #395553
    Leo 0708
    Member

    Hi Amanda

    New owner has just bought a property in our building. In the recent heavy rains there was water inundation in his garage. He wants the OC to determine the cause of the water issues. To do so we have asked him to remove old rotten cupboards that have been installed by previous owners. He wants the OC to cover the cost of the removal of the cupboards & the replacement.  My understanding is that garages are not meant to be storage rooms and no approval was sought to install any cupboards. Therefore the OC is responsible for attending to the water issues however not for the removal and re-establishment of the cupboards.  Does the new owner then have to approach OC about installing cupboards in the garage?

    Cheers

    Leo 0708

    #395661
    Amanda Farmer
    Expert

    Hi Leo0708,

    See section 122(6): 

    (6) An owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work, or the exercise of a power of entry, referred to in this section unless the damage arose because the owners corporation was obstructed or hindered.

    If the cupboards have to come out so that the OC can inspect and attend to its section 106 duty to repair/maintain, then in my view the OC is responsible for the cost of that removal. Of course, if it turns out that the water penetration has nothing to do with a common property failure (probably unlikely?) then the OC is not responsible.

    However, I don’t agree that the OC is responsible for installing brand new cupboards in place of old rotten ones. The owner is only entitled to ‘like for like’. If the cupboards have no value because they are so old, then perhaps explain that to the owner and maybe propose a nominal contribution of (say) $100 as a show of goodwill. It will be very important to obtain clear evidence of the state of these cupboards before they are removed. Also be prepared that the owner will say: they are so rotten because of the water penetration, which is a failing of the OC. That makes things more complicated.

    In my view – the owner did not require any approval to install the cupboards – unless you have a by-law to that effect, or a by-law that prevents storage of any kind in garages?

    Amanda.

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