Recovery of expenditure resulting from member or unit occupier’s fault
31 Recovery of expenditure resulting from member or unit occupier’s fault
This section applies if an owners corporation for a units plan has in carrying out its functions incurred an expense, or carried out work, that is necessary because of—
a wilful or negligent act or omission of a member of the corporation, or an occupier of the member’s unit; or
a breach of its rules by a member of the corporation, or an occupier of the member’s unit.
The amount spent or the cost of the work is recoverable by the owners corporation from the member as a debt.
If the owners corporation recovers an amount under subsection (2) from a member for an act, omission or breach of an occupier of the member’s unit, the member may recover the amount from the occupier as a debt.
In this section:
expense, includes a reasonable legal expense reasonably incurred, including a legal expense relating to a proceeding in the ACAT.
work, carried out by an owners corporation, means maintenance or anything else the corporation is authorised under this Act to do.
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