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1930 building, carpet over timber over concrete slab. Has always been assumed responsibility of owner to remove carpet and maintain timber floor. Now one owner wants OC to pay for floor repairs. What to do?
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I am assuming that the timber floors are original to the building.
What is the nature of the damage that you are referring to? Was the damage to the timber flooring caused by or exacerbated by the laying of the carpet by the Owner? If so then the modification to the flooring would, in my opinion, shift the responsibilty from the OC to the Owner.
Lacquering and staining of the original flooring has always been an Owner responsibility.
I’m guessing this was originally a carpet on timber on concrete floor and an owner has removed the carpet.
I would go back to the owner and say that if they want the floor repaired at Owners Corp expense, they will have to replace the carpet as it was only damaged becasue the protective carpetting was removed.
Or ask them to prove that they didn’t damage the floor and let them run the case at NCAT if they aren’t happy with that.
They are trying it on, so fight fire with fire.
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It sounds lie this is normal deterioration over time and is therefore an Owners Corp responsibility (in the absence of any by-laws that say otherwise).
If you don’t have the money in your sinking fund then you can always get a strata loan from our sponsors Lannock.
It may be worth having an inspection of all your floors to see what needs to be done as getting it all done at once can save money compared to doing it piecemeal
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