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I’ve been applying to replace my carpet for floorboards with my strata manager. I’ve been refused by the strata committee because they claim the carpet is contaminated by respirable crystalline silica from an incident of stone bench cutting 10 years ago in a previous renovation (no video or photo evidence, only an unverified neighbour witness). In the years since, the unit has been tenanted and professionally cleaned and vacuumed. They still claim a specialist (equivalent to asbestos) carpet removal is required due to health risks to residents. Obviously the cost of this is considerably higher.
Does anyone have experience with this? From my research, there is no health risk in my situation. I have even provided an opinion from an occupational hygienist, but the committee has basically ignored that correspondence and fallen back on their original claim.
Would there be grounds to make an NCAT application for unreasonable refusal? They’ve basically said they will refuse to reconsider their decision until the next general meeting 6 months away, unless I pay for an extra general meeting.
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Sounds like their real problem is that they don’t want you to put down floorboards. Presumably your plan is to lay the flooring with proper, top grade insulation underneath (which would be the smart thing to do if you don’t want your neighbours to force you to lift the floorboards and do it all properly).
Replacing carpet with timber – or even just exposing existing floorboards – is considered a minor renovation under the strata Act. The committee can approve it, provided they have that authority from a general meeting (they probably do). The approval may be subject to reasonable conditions but cannot be unreasonably withheld.
So where does that leave you. I would consider seeking mediation at Fair Trading prior to seeking orders from the Tribunal. At least at mediation or NCAT, the committee would have to show any evidence they have that removing the carpet is a health hazard. You could offer a compromise that you will permit specialist removers if the strata scheme pays for it.
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Silica dust sounds really dangerous. The people who tested your carpet need to guarantee their assessment.