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[Caramac]

I was wondering.. I own a unit in a block of 8. There has been an issue with a leak in the balcony of a unit facing the street.

There have been many quotes and attempts to fix this issue.  The owner of the unit is a bit problematic

We want this fixed as soon as possible.  I feel that the strata manager has not been very proactive

We are getting more quotes this week.

We decided to sell the unit because we wanna retire

The building facade is not looking nice and prospective buyers are asking lots of questions.

I have asked Ai and written an email to the strata manager and principal to help expedite this and to tell them that under The Statutory Obligation to Repair Under Section 106(1) of the Strata Schemes Management Act 2015 (NSW), they have a duty of care.  Is AI right about the this act?

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[Jimmy-T]

AI is partly right. There is a clause in strata law that says common property must be repaired and maintained – by the owners, not the strata manager.

Section 106 says:

(1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.

That section also allows some exclusions, but only if it would be inappropriate to undertake the repairs (whatever that means) and inaction wouldn’t affect the safety or appearance of the building.

The strata manager can pretty much only do what the strata scheme asks them to do, so expecting them to be proactive is a little misdirected. They should, however, be offering advice on what you can do to resolve this.

If the owner refuses to allow the work to be done, the OC could seek mediation and Tribunal orders under section 122 which can lead to the lot owner being required to allow access for work that needs to be done under the terms of the Act.

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Caramac

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