#16461
giri
Flatchatter
Chat-starter

    @JimmyT said:
    I was working on the basis that there was another motion coming up aty your AGM to seek further quotes.  If that isn’t the case, then, yes, propose a new motion for the AGM that the Owners Corp accepts one of the two quotes and proceeds with the work ASAP.

    When you speak to the motion at the meeting explain that any decision to delay the work any further will result in you talking the Owner Corp to the CTTT to have an order issued  forcing them to do the work.

    thanks JimmyT. sorry to take up so much of your time. I really appreciate it.

     i haven’t even gotten to the accepting a quote stage. We are now stuck at accepting the investigation reports. what they want to do now 3 months later is get another investigation of the problem (not another quote). this would be the 4th investigation in all and the 3rd by them (to date, they had the first 2 and i had a 3rd done which confirmed the findings of their 1st and most thorough report). They say they have the right to get another investigation (and indeed as many more as they want) even though they have already had 2 done because this latest would be by ‘their expert’ .  I’ve included some of their argument below. my query – 1. would the CTTT agree and thinkit is reasonable for them to now bring in ‘their expert’ ? 2. How expensive is the CTTT likely to be (ball park figure if that’s at all possible)

    some of the response fr strata manager is below

    ‘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.

    9. there  is no limit on the number of assessments the owners corporation can be restricted to obtaining, nor is it in our view unreasonable  that a expert inspection be conducted for the owners corporation. The complicity of the issue has resulted in the need of further assessments. Obtaining a expert opinion on behalf of the owners corporation is intended for the purpose of verifying the recommended repairs and ensuring the repairs are not a betterment in any way. This is not unusual for each party to engage an expert to provide assistance in determining the correct scope of works which each party are obligated to carry out  

     10. the quotations you obtained will still be considered as agreed at the committee meeting held on … , it was the intention of having (…) inspect prior to the next meeting so that they can also comment on the scope of works set out in the quotations you have obtained, with the focus being on the correct scope of works agreed upon to properly address the issue

    In conclusion you are advised that

    11. Should you deny the owners corporation access to further inspections this would cause delay in considering the repairs in question/relating to your lot

    12. potentially causing additional cost for the owners corporation should (…) not be able to inspect your unit at the same time as others and resulting in a separate inspection.