Forums NCAT – the NSW Tribunal Current Page

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  • #84691 Reply | Quote
    Flora

      Hope you can provide some advice on a issue please, key facts are below

      May 2024 – noticed a crack in the ceiling of my balcony, efflorescense and water was dripping out, reported to Strata (at the this time the Strata were in the process of engaging a contractor to fix other waterproofing issues relating to a court case for previous defective waterproofing in the building). Strata Manager advised appears related and that the understanding is it does form part of current defect works. Chairman of committee advises ‘no works to be done will liaise and provide recommendation’.

      Sept 2024 – contractor engaged to complete the remediation for the other defective waterproofing in the unit – special levy of approx. 1million raised to complete the work (all work undertaken on the larger balconcies/penthouses in the scheme) .

      Between May 2024 – July 2025; I sent numerous emails to the strata manager/chairman of committee to understand how my waterproofing issue would be fixed. No reasonable action taken, was advised they had to get quotes, then they wanted to get a design variation so to not have to obtain approval under the DBA Act. Quite frankly just delays and excuses for not fixing the issue.

      July 2025 – I spoke with fair trading who advised to submit a motion at the AGM.

      August 2025 – AGM held, at the meeting was told they had engaged a contractor to fix my issue (Was not given any advance warning), reviewed the scope to best of my ability – all seemed ok

      November 2025 – work completed but as I now understand a different methodology was used (in the work undertaken in sept 2024, all balconies had doors removed – the work relating to my unit did not).

      July 2026 – work has failed and water and efflorescence is dripping again. I reported this issue, the manager has advised they have put a warranty claim in. I have asked for a meeting to discuss why a decision was made to use different waterproofing methodolgy and when they will remediate using the same approach as other units.

      Late July 2026 – The chairman wanted to come and inspect the issue, but haven’t been able to arrange – I asked why he needs to inspect was told ‘to understand the extent of your inconvienance’, I have written back stating inconvenience is not the main issue – it’s a building defect and risk matter for the strata to address.

      I am concerned I am once again going to have no say on how its addressed  – I think they will just get a warranty on the work done and try to ‘redo’ without applying the proper methodology of removing doors which if that approach is taken its more money to spend, however I know they will do anything to spend less than 30,000 so as to not require approval.

      I am wanting to know am I on the right track and how to best advocate for what I believe is fair, compliant and appropriate for my property and for the scheme – if you have any advice I would really appreciate it.

      • This topic was modified 1 month, 3 weeks ago by .
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    • #84709 Reply
      UberOwner

        I don’t have all the technical expertise to answer your questions.  But what I will say is that you need to be as open, transparent and accommodating as possible if you want the strata committee to help you in a timely way.  If someone from the Committee wants to inspect the problem, then let them inspect.  They are hardly going to rush into paying to fix a problem that they’ve never seen.  If you end up in the Tribunal, you want to look like the good-guy, the person who has done everything possible to assist the Committee in its role.  You’re correct that this isn’t about “inconvenience” – it’s about maintenance.  But that’s not a reason to avoid an inspection.  The Committee is made up of volunteers.  Help them out by letting them inspect.  Offer to get some quotes.  Do whatever you can to move your issue forward and demonstrate to them (and possibly to the Tribunal in the future) that you are not being difficult and preventing the Committee from doing it’s job.

        #84724 Reply
        Jimmy-T
        Keymaster

          When I reported effloration on my balcony, our chair sent the building manager with a scrubbing brush.  I told him to tell the chairman where to stick it. We ended up having our balcony retiled at OC expense. I would have paid for the tiles myself if the chair hadn’t been such a tosser.

          By the way, efflorescence is the result of the sand in concrete having too much salt in it.  It’s recognised as a defect under Australian Building Statndards and it must be fixed by the developer in new blocks and the OC when it affects common property.

          If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
          • This reply was modified 1 month, 3 weeks ago by .
          #84732 Reply
          Jimmy-T
          Keymaster

            I am concerned I am once again going to have no say on how its addressed

            That’s a valid concern but the Tribunal is unlikely to instruct them to fix the problem in a specific way, although they may well be instructed to fix it.  One thing you can do to propose a motion to the strata committee or even a general meeting that asks the OC to fix your issues by a proven method or explain to owners why they have chosen a different and possibly less effective solution which may result in more remediation bills in the future.

            If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
            • This reply was modified 1 month, 3 weeks ago by .
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          Reply To: Reply #84709 in Different waterproofing fix didn’t work
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