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[Kerry Goodwin]

The terrace surrounding our penthouse had water membrane issues dating back to around the 1980’s. We are the 4th owner since then. In 1991 it was addressed. The owner at that time had made extensions., limited paperwork. So the
Strata raised a special levy. The fix included a bitumous membrane, organic plastic on top of a timber framework and then tiles. There was then an agreement for repairs and rectification entered into between the then owner and BC. A special levy was made plus an extra amount for the penthouse owner. For that payment, the penthouse owner received a deed approving all additions done previously, none of which impacted on the water issues. Also BC agreed to drop their legal case in local court concerning the additions. We believe that the tiles etc was part of BC fix, especially considering that they acknowledged their “fault” through the special levy. So out of the total costing, the extra payment of the penthouse owner came out at around 15%, of the total costing…..for the deed. There is no paperwork as to who paid for what, it was a consensual arrangement.
Consequently the fix failed. The original leaks continued plus then the tile grout broke down with more water. The tiles have been considered roof since 1991 , hence the special levy.
We have now just done major works to finally repair and reports of responsibility vary and are only questioned by a minority of unit holders.Also the lack of previous documentation makes it difficult.
Where are we at?
Thanks for your opinion.

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[kaindub]

Where are you at?

In a whole world of pain.

Since the original extensions were not documented and bylaws passed, a lot of this has passed to OC responsibility.

I can go on  about the various omissions.

I think the strata is in this situation because they tried to do the legals on the cheap and not consult lawyers.

I would suggest to get a lawyer to look at the history and paperwork to determine who is responsible for what.

You need an impartial arbitrator, as I  can see that it’s going to be a standoff between owners.

And unfortunately all owners will be paying for the past sins.

[Shortcrust]

Kaindub, you wrote that as there was limited paperwork the responsibility has passed to the OC.

In other posts I read, others state that in relation to prior works, not related to the matter of this  original poster, that responsibility to fix the problem lies with the unit owner whose beef should be taken up with a previous owner.

How can one distinguish between the two possible liable parties?

 

 

 

 

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