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An engineers report identified water proofing problems which is causing black mould in my unit. In my opinion and other experts I have spoken to say that strats is refusing to fix the problem because of the cost and putting up red herrings. In the meantime the mould control grow. Strat refused mediation with fair trading. I am afraid of the cost of lawyers and the cost at NCAP. Other dodgy deals to numerous to list. Is there other ways to get help.
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I would write a polite letter to the committee and agent instructing them to fix the problem as it is their duty under s.106 of the SSM Act. The alleged high cost of the work is no defense for inactivity. Emphasize the serious health ramifications of living with such mould. Give them 7 days to reply with their proposed actions to fix it. Make clear that if they don’t reply or if their reply is inadequate then on day 8 you’ll hire a lawyer – this website is sponsored by strata lawyers, so you could contact one of them – in preparation for Ncat hearing. Once you win at Ncat most of your expenses should be sheeted home to the OC.
Broy10 – please let us know how you’re going with this.
It’s a pity you are not a tenant because tenants can have their rent reduced or break their lease if the property they rent becomes unit for habitation because of mould.
This is because section 52(1) of the Residential Tenancies Act2010 (NSW) reads: (1) A landlord must provide the residential premises in a reasonable state of cleanliness and fit for habitation by the tenant. Each state has a comparable law.
The reason I set this out is that Section 106(1) of the Strata Schemes Management Act 2015 (NSW) is not fit for purpose because unlike the tenancy law, it does not specifically impose a duty to keep the home unit habitable. It reads: (1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
As a result, owners of strata properties are on their own. They need to find their own solutions. My suggestion is to buy a large humidifier – 20L and improve ventilation – strong fans in the bathroom and kitchen, because mould is caused by high levels of humidity, caused by lack of ventilation.
Try it. It works.
Section 106(1) of the Strata Schemes Management Act 2015 (NSW) … does not specifically impose a duty to keep the home unit habitable. It reads: (1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
Surely if common property defects are causing a problem in a lot then they are not “in a state of good and serviceable repair”. I relaise this may be harder to prove than if the law was clearer, but not impossible.
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.
TonyC, when you say buy a large humidifier, surely you mean a de-humidfier? It extracts moisture from the atmosphere and has a large tank which must be drained periodically.
If it is a clear cut case – do you need a lawyer?
As you have been to mediation, isn’t a Directions Hearing the next step? Have they written to you telling you what you have to do next?
It may seem like a “clear-cut case” but few if any issues in strata are clear-cut. All you have to do is prove there is a fault or defect in common property, then prove that flaw is causing water leaks, then prove the water leaks are causing the damp, then prove the damp is causing the mould, then prove the mould is harming your health. Attack-dog lawyers might make you jump through all those hoops to deter you and anyone else from exercising your rights.
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.
@broy
Time is your enemy. While you scour for opinions as to how to get the OC to comply, you must file with ncat ASAP.
You have attempted mediation and that’s your ticket to filing with ncat.
From the time you file it will be months before the matter is first heard at ncat
I suggest you contact a strata lawyer with a summary of your case and ask for a quote to prepare the papers and to file them with ncat.
The committee will at least see you are fair dinkum about resolving the matter
@ tony
You are right writing that broy would be in a good position if he was a tenant. So true.
The new Amendment Bill to the SSMA 2015 includes the following powers to Fair Trading:
The Bill includes key reforms that aims to encourage owners corporations to comply with their duty to maintain and repair common property. They include:
- helping owners corporations to maintain and repair their common property by restricting an owners corporation’s ability to defer building works if safety or amenity is affected and
- prescribing requirements for the 10-year capital works fund plan, and empowering NSW Fair Trading to enter into enforceable undertakings with owners corporations or issue compliance notices where owners corporations have not met their duty to maintain and repair the building.
Fair Trading will have the power to impose substantial penalties if the content of compliance directions issued to owners corporations are not complied with. As an ultimate sanction, NSW Fair Trading also now has standing to apply to NCAT for the compulsory appointment of a strata managing agent to a scheme unable to meet its obligations under the Act.
If the cost and inconvenience of using a strata lawyer to go to NCAT (which I agree is what you should now do) is too much, a cheaper alternative is to use a different strata manager to the one your building is using. They can prepare the paperwork and appear for you, if you want, and they charge less than lawyers. They are great is straight-forward cases, which this appears to be – the building’s excuse of not wanting to spend money is not legally valid! You might need to shop around, because a lot of strata management companies appear to be independent, but are bought up by big strata conglomerates, and might even be owned by the same company that owns the building’s strata manager – so they wont want to get involved.
Strata managers can help individual owners deal with strata problems at other buildings, and they don’t charge as much as lawyers, and are a good option for simple matters.Sorry Quirky but strata managers are of little use when in a stalemate. What I have said above, Fair Trading can do what NCAT does/doesn’t do. Easy peasy.
If you”re going to spend real money, I would’ve thought you would spend it better on a PR campaign in social media and raise the profile of the bad actors….
Does the fact that they refused a Mediation hearing mean that they also didn’t attend the Directions hearing?
Will the Directions hearing be useful?
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