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We are a 12 unit strata block in Sydney.
Recently our strata manager arranged to have 2 “unserviceable” patio locks replaced on doors leading to balconies in a unit that had just been vacated. They are the type of lock with a bolt that goes into a hole in the door frame. Our balcony doors are common property.
On further questioning, it was revealed that the bolts had been removed from the locks, rendering them unusable. The bolts could not be replaced, so the locksmith had to install new locks.
I have been asked to approve payment from strata funds. I see the lost bolts as ‘damage to common property’ and as such the owner should be responsible for making good the damage and paying for the replacement locks. To my mind it is the equivalent of losing keys, which must be replaced by the owner. The Strata Manager has asked the Real Estate Agent who looks after the unit for her opinion as to whether or not the owner should pay!
Although this is a small matter, I would like to hear your opinions. Who should pay for this work?
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The owner of the unit should pay the cost of the “broken” locks. The owner can try to get the money back from the tenants (good luck with that). The real estate agent’s opinion is irrelevant.
But what it comes down to is that lot owners are responsible for looking after common property within their lots, and for the behaviour of their guests and tenants. Send the owner the bill.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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