Hi giri,
Thanks for the clarifications. My suggestions are as follows.
The key issue to a achieving a speedy rectification of the problem is the confirmation that the leaks are a result of defective common property. If the two professional reports state this and the EC has earlier acknowledges this, you have strong case to insist that the work is completed as soon as practicable. The plumber’s report might not carry the same weight as the consultant’s reports. I say a strong case, but these issues can be complex and the situation can change as more information becomes available and investigations proceed. EC’s do have an obligation to be absolutely confident in their assessment when authorising expenditure of OC money but at the same time have an obligation to address the matter promptly.
From here on, if you are not doing so already, you should be putting all communications in writing. You stand to lose money if it is not handled correctly therefore you should treat this in a businesslike manner as you would do in your job. Verbal communications are fine but all needs to be followed up in writing, email is fine. If you are still in this position in 12 months time, or sooner, you will need a correspondence file to give to your legal adviser.
Being common property repairs, the responsibility for arranging the work and payment is with the Owner Corporation. All written communications therefore need to be to the OC C/- the Strata Manager. The Strata Manager’s job is to see that the EC then deals with communication. There is no problem speaking directly with EC member if they are agreeable, however ensure you follow-up in writing to the OC. Do not pursue EC members individually unless they have been formally nominated to represent the EC on this matter. If the Strata Manager or others do not return calls, send an email.
If the EC wants to do another report, do not simply allow them to without them giving a satisfactory reason for needing to. Again, write and ask them to justify the need. You are the one who is losing as a result of the time it is taking therefore you have a right to receive an explanation. If the report turns out to be unfavourable, you might need to enlist the help from the previous building consultants to comment. I guess in theory the EC could continue to request further reports, but they need to have good reasons. If the reasons are not satisfactory, you can say no.
As a mean of exerting some gentle pressure to progress the matter, I suggest you write immediately (ahead of any further reports) to the OC (in a polite but firm tone) on the basis of the two professional reports confirming a common property defect and include the following:
- State the basis for it being OC’s responsibility, the time taken to date, the disruption is has caused and the costs you have incurred;
- State also that there is potential for further losses if feel that could be the case;
- State that you require the problem be rectified ASAP
- Request a program for the work and the other critical activities dates including quotes received, EC approval, start on site, key disruptions and completion date.
- Ask them to indicate the likely impacts on the tenant so that you can start making arrangements to minimise disruption and any rent adjustment negotiations.
If you are out of Sydney, you will need someone local to represent you , coordinate the tenant and check on the work. This should probably be your managing agent. You will need to brief him on what you want from him.
If the above fails, you might consider obtaining legal advice as other mean could be time consuming.
Now, must apologise for being long winded.
Rob T
PS how did the ‘band-aid’ work turn out. Did the leaks stop?