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[Frustrated Strata Dweller]

My husband and I own a unit and have been battling with the owners corporation for almost 10 years to have repairs to common property carried out, so as to stop damage to our unit.

The issue is that the balcony from the unit above leaks with tthe water penetrating into the ceiling of our unit. The ceiling is damaged as are our walls and carpet. Mould is growing on the walls and carpet.

Over the years, repairs have been carri d out but they have never been successful. The damage to our unit is getting worse and worse and really, because of th mould, I believe it is not fit for habitation.

We have been requesting that repairs be completed for more than 2 years, with this latest episode of damage but the strata continues to fail to act.

what is the process we should follow to get the strata to act and complete the repairs? I believe we can request mediation? Is there any way we can force the strata to complete the repairs? And can we get the walls painted and carpet replaced at no cost to us? Can we get compensated for lost rent if our tenants have moved out?

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[Whale]

On the assumption that your unit’s in NSW then you could apply for the matter to be mediated by completing THIS form, but even though that’s a mandatory first step to if necessary having the matter adjudicated in the NSW Civil and Administrative Tribunal (NCAT) it can be a bit of an inconclusive lucky dip.

So before initiating that step I’d suggest you write to the Secretary of your Executive Committee with a copy to your Strata Manager to:

1. again set-out as precisely as possible the nature of the problem, and;
2. state what you believe to be its cause, and;
3. provide details of the dates when you have previously raised the matter and have requested the owners corporation (O/C) to make repairs, and;
4. state that you expect your Owners Corporation (O/C) to comply with its obligations to properly maintain its common property under the provisions of Sect 62 of the NSW Strata Schemes Management Act and;
5. that if it fails to commence work within say 14 days, then you will initiate proceedings in the NCAT for Orders requiring the O/C to do so under the provisions of Sect 138(2) [where you will see that an O/C has a period of 2 months from the date of a request such as yours to either formally refuse it or to commence the requested maintenance / repairs].

Hopefully the formal letter that I’ve suggested will have the desired result, but for your information, the details of the dispute settlement procedure for Strata Schemes can be found HERE.

Finally, the O/C is required to make all repairs to your unit that have been caused by the fault in its common property together with any that consequentially arise during the making of those repairs, but it’s not required to paint or to compensate you for any loss of rent (although landlords’ insurance may depending upon the extent of cover).

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[Frustrated Strata Dweller]

thank you, will try this course of action

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[Author]

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