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[justsaying]

Hi Everyone,

 This is my dilemma. After battling for three years to get the Executive Committee to repair the water ingress into my unit and damp courtyard. I engaged a solicitor and following OFT mediation a contract was awarded to a well know builder. The issue is the courtyard that while it is common property; it is for my exclusive use and is only accessible from my unit. The waterproofing consultant recommended that the top section of the courtyard be tiled, leaving the lower section with the textured paving and brick pavers. At the time I expressed the opinion that it would look odd with three different finishes in a very small area.  During the rectification works, part of which included replacing a drain that runs the length of the courtyard, the contractor without any notice to me or the Principal of the company removed a large section of one side of the textured paved courtyard to install part of the drain. This was not part of the scope of works.  I arrived home to see the damage and I voiced my concerns to the consultant, the builder and the EC. I was assured “it will be fine, don’t worry! Famous last words.!!

The result is a large grey patched, cemented patched area on one side of the textured paved courtyard.  The drain sits higher in the patched section and the remaining area is splattered with cement from the works that included replacement of the balcony above my unit, the builder decided to acid blast the paved area and its so rough I cannot walk outside without shoes.

Both my neighbour and I sustained damage to our personal property. The builder has not reimbursed this.

 I advised the EC and the building manager that the repair was not of a high standard (as per the scope of works) and not in keeping with the rest of the building.  I suggested a delay in full payment of owner’s funds to ensure the builder repaired the damaged area.  I requested that the builder return and repair the damage. At a later inspection with all parties, the waterproofing consultant and the principal builder discussed the best way to make good that section of the courtyard was to tile the complete area. I suggested to tile within the brick pavers, a few metres however the consultant recommended covering over all of the existing area, some fifteen metres.

Little did I know that both contractors had no intention of making good the area. Rather the builder sent an additional quote to the consultant. The EC state they never received that quote and further that as the repair was satisfactory according to the written report, they would not make good the damaged area. Recently mould has returned to the courtyard area, which was part of my original complaint.

Numerous emails asking for the matter to be listed on the EC meeting, has not resulted in any positive result. One office bearer has replied to my emails stating that the work has been completed to the agreement at mediation. In hindsight, the solicitor has not specified the requirements for the repairs, it just agrees to repair the water ingress.

My questions: – what are my options now? Can I apply to CTTT for an order? Are the EC obliged to ensure all repairs are of a high standard in accordance with the building?  Do I engage another solicitor ? What are my chances with CTTT?

I feel as though a strata owner has none of the usual protection for repairs. Normally, one would refuse full payment until the work is completed to the owner’s satisfaction.

There is an example of an EC not even interested in another owners concerns. They will not even inspect the work. My property has been devalued because of this repair.

I look forward to your comments and recommendations

Thank you

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