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[valakos]

Hi all,

I have several lifted tiles in my kitchen and tiles have cracked. I arranged for an inspection and it turns out its concrete cancer. I have alerted the owners corporation however I have ongoing issue with one elderly member over petty things (I had a visitor over Christmas who parked in visitor parking for 7 days, the elderly member keeps insisting that my visitor was a short term stayer – they did this also before to a flatmate of mine). The elderly member insists that this is my problem and that somehow either my previous flatmate caused it or I caused it, notwithstanding the fact that the inspection revealed that it was a leaking pipe and that the elderly member of the body corporate themselves had concrete cancer (which the sinking fund paid for repairs). Him and his wife have insisted the owners corporation will not draw on the sinking fund and that I should pay.

The unrelated petty issue seems to have swayed this member – I am aware this person seems to think anyone who comes over to my place is a short term stayer and seemed to have informed all the other body corporate members as such – both me and my former flatmate have informed them its not the case and that this has nothing to do with the concrete cancer in my kitchen. I’ve noticed at annual body corporate meetings his wife seems to concerned with a WIDE range of petty issues from the colour of occupants curtains in the building (they insist all curtains/blinds must be white) to the temperature of the hot water in the building (they insist it is too hot for their daughter in law) and also to whomever parks in the visitor parking (which is why they consistently ask me to move my car, although I have many instances of they themselves parking in visitor parking).

The petty issues are bothering me but the concrete cancer is my main concern. I am at my wits end and wondering what my rights are with regards . Also the hypocrisy in the fact that this person is able to be reimbursed for the exact same issue has me somewhat irked.

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[Tess McGill]

Hi Valakos,

It SHOULD be a simple matter, of course, but it sounds like the “Elderly Member” is going to obsfucate and deflect to the greatest extent that they can. So you must follow the appropriate steps and try to keep the Owners’ Corporation on point.

Do you have a written report from the person you engaged to assess the damage? That’s going to be useful. Then follow the steps outlined in NSW Fair Trading’s* “Strata Living” document (page 43, “Getting repairs to common property done”):

1. Talk about it: write to the strata committee or strata manager or access the scheme’s internal dispute resolution process

2. Submit a motion to the secretary for inclusion on the agenda of a general meeting for consideration eg “That the Owner’s Corporation acknowledge that the damage occurring in Lot ? [Valakos’ unit] is damaged caused by [concrete cancer] in common property, and that the Owner’s Corporation undertake to repair the [concrete cancer] and the damaged caused to Lot ?. Attach your expert’s report to your motion.

3. If not resolved, apply to Fair Trading for mediation

4. If the matter remains unresolved, apply for a determination by the Tribunal.

 

*Assuming you are in NSW. There will be similar procedures in other states.

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