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Thank you. I accept they did not trespass as the tenant let them in.
I do not understand why this would be a sinking fund cost. The other units in the complex (with water penetration) have had their unit fixed via the builders insurance cover. The block of 4 units my apartment sits in are being treated differently. They have obtained 4 x quotes ranging in price at $16K, $3K and $404 to repair water penetration in a common wall that runs down the middle of the 4 units. The EC (and thereby the OC) have chosen the $3k solution but the cost is coming out of the sinking fund and not going through an insurance claim. We have only been given 3 days notice to allow tradesman to go through the unit to the rear common property wall. I have requested mediation from Dept Fair Trading to take place 2nd Sept. The EC (and OC) have recommended from a meeting that no one attend the mediation – neither the EC, owners or any representative. I do not understand why they would recommend that when the water penetration is exactly the same as that experienced by the other units. Am I going mad or is this a mad mad mad mad world we live in? If they do not attend mediation, I will submit the issue to CTTT. a) It should be an Insurance Claim. b) How do we know the solution being offered for $3K will actually work? There is a big differentiation between the 3 quotes obtained. If I dont allow access to the common property through the unit what other recourse can they take? Why can’t we wait for their ‘solution’ until after the mediation date has passed? It is all very up in the air and just does not seem right to me. Other owners are paying out of their levies for our 4 units to be repaired. Thats just not right.
On what basis are you requesting the owners corporation to lodge an insurance claim? The Owners Corporations insurer are unlikely to get involved unless there has been any damage caused to common property. They will then only pay for the repair of damaged common property once they are certain that the cause has been rectified (evidenced by a tradesman’s invoice etc.).
The core of the issue you need to get to the bottom of is what is causing the excess moisture which may be caused by a raft of problems (not all of which will be the owners corporations responsibility to repair).
It is not uncommon for executive committees to want to inspect an issue prior to authorising the strata manager to engage a contractor in order to keep a check on expenditure incurred by the SM on their behalf (as can be witnessed by many concerned posts on this forum).
Now, if the EC members who made a visual inspection could not see a visible problem, I would recommend arranging for your own inspection of your unit. Once you have a professional opinion on whether there is: 1) a problem existing, and 2)what is the cause and solution to this problem; you will be in a very strong position to demand the owners corporation to rectify (if appropriate).
If the repairs and/or damage turn out to be claimable under the owners corporation’s insurance policy, then the strata manager should lodge a claim on behalf of the owners.
Please be aware that the most common cause of damp problems in apartments are the result of poor ventilation – especially in older buildings.
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