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[giri]

@rthorburn said:
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

the reports say leaks are due to defective waterproofing and drainage in bathroom and laundry, and they need to be pulled out and re-installed to current standards. They don’t comment on whose responsibility.

and the EC has earlier acknowledges this

they haven’t as such, but they did instruct me to get 3 quotes based onto do the work stated in the 2 thorough reports, and bring the quotes back to EC for next step. 

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. 

So far, the tenant has had about 10 lots of people already going through in a short period about this (including to fix things left unfinished by the Strata investigators). It was 4 months ago that the investigations already done were carried out, 2 months ago I went to ECM and told to get quotes. Now Strata want to go back to square 1 getting another – a  4th – investigation. 

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.

I’m not sure what you mean by that. Aren’t all Exec in that position since they pass the motions about works. 

If the EC wants to do another report, do not simply allow them to without them giving a satisfactory reason for needing to. 

Is the following a satisfactory reason given they commissioned the first 2 investigations, one of which was thorough and the findings of my 3rd investiogation confirmed the findings of thier thorough investigation?  their stated reason is

7. noted your view regarding a fourth assessment and make the following additional comments

 a. the forth assessment is deemed necessary for the purpose of the owners corporation seeking independent EXPERT ADVICE for and on behalf of the owners corporation. We note that the expert advice received to date was obtained by you and on your behalf and not for the owners corporation. It is further noted that whilst the owners corporation have arranged two assessments  to date neither of these assessments have been conducted by an expert . There is no limit on assessments that an owners corporation can arrange for any one matter, they should not be denied of the opportunity to assess/conduct thorough inspections and investigative works   relating to al common property works nor should they be limited on the number of inspections required to properly arrive to a resolution that allows each party to fulfil their obligation in particular the owners corporations obligation under section 62 of the Strata Schemes Management 1996.

I think the actual reason is to get a cheaper option. maybe a trial and error type approach. Because of the cost. I want it fixed once and fixed properly.  

If the report turns out to be unfavourable, you might need to enlist the help from the previous building consultants to comment. 

This is what I’m concerned about. It will lead us down a complex costly and dangerous path. Do we get another comment/report? and another til we get agreement in 3 out of 5? or 4 out of 6? and anyway, they’ll stick to their report won’t they?   

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.

Thanks, that’s lovely and clear. I can try that again – I suspect 

I’ll get the same answer siince Strata has already stated the above in reply to my email (not consenting to a 4th investigation on the basis of having two professional reports confirming a common property defect 3 months ago, authorisation from ECM to go ahead and get 3 quotes for the work recommended in those reports, and my doing  that). 
 

PS how did the ‘band-aid’ work turn out.  Did the leaks stop?

the bandaid has worked for the time being thank heavens as the tenant has been extremely unhappy and a substantial retrospective rent reduction was agreed. So things have calmed down on that front for the time being. I really don’t want it all messd up again with bitsy solutions. and revisiting it all over and again. 

thank you so much Rob T for your time and help

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