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Explain to the strata manager that since this is a common property problem, he or the committee need to take action. This is not something you can do as an individual owner.
However, what you can do is take action against the strata manager or the committee, under Section 232, 1(e) and 2, to make them do their job as required by Section 106 of the Act.
So, if you do go to Fair Trading, it will be as the first step in compelling the Owners Corporation (the committee) to
a) Fix the problem and
b) Pay you compensation
c) Sack the committee
d) Replace the strata manager
Finally, you might suggest the strata manager take a few moments to read the Strata Schemes Management Act and maybe go back to strata manager school because they aren’t doing their job and don’t even seem to know what it is.
Meanwhile tell them you will be sending the committee a bill for the lost rent (which you should do). If they fail to pay, you will raise an action at the small claims court.
And if you really are $16,000 out of pocket, now would be a really good time to call an experienced strata lawyer and ask their advice.
No point in sending us a picture. We won’t be taking any action on your behalf and external pipes could be a design feature for all we know.
Remember my comment about “faffing around”? It’s time for you to take action and it sounds like you need to get someone to help.
If you don’t want to go straight to a lawyer, drop Nick Penny a line on nickp@intensive-care.com.au and direct him to this discussion. He will advise you for a fee but it will be worth it if you get things moving.
