ISTM’s “Who is Responsible?” document

› Forums › Common Property › Current Page

Create New Reply
  • This topic has 23 replies, 8 voices, and was last updated 14 years ago by .
  • Creator
    Topic
  • 28/03/2012 at 4:02 pm #8022 Reply | Quote
    Anajr
    Flatchatter

      Has anyone had any experience with ISTM’s (or Strata Community Australia as they are now called) “Who is responsible” document?

      https://nsw.stratacommunity.org.au/resources/638/Who%20is%20Responsible.pdf

       

      My strata managers are using it as a bible when refusing to repaint my damaged bathroom ceiling (see my earlier post for all the details) citing this section:

      If damage is caused to a lot owner’s property while the owners corporation are effecting a repair, the owners corporation are responsible to fix the damaged property. However, if the cause of the damage to the owner’s property was not made when the owners corporation were fixing the problem; instead it was caused by the problem itself, then the owners corporation are not responsible to make good the owner’s property unless the owners corporation can be deemed negligent. E.g.:

      2. A burst pipe occurs in a concrete slab. The owner’s corporation fix the leak, but water stained the ceiling paintwork of the unit below. Here the owners corporation are not responsible to repaint the ceiling because it was not the fixing of the repair that caused the damage.

       

      I have asked strata to clarify where this comes from, what legislation, etc. They told me to contact ISTM but ISTM are an industry group for Strata Managers and so won’t deal with me as I’m not one & so not a member.

       

      Strata are now refusing to answer any of the queries I’ve made trying to understand the situation saying that as I’m in dispute with them I will need to get legal advice. I haven’t at any point made any legal or even mediation moves. I just want to know why I should be liable to pay for repairs to damage I had no control over (and that their delays made much worse). I have asked to see the plumber’s report, for the contact details of the unit above and what the management agreement says in relation to urgent repairs (they claim they have to get EC approval and that is why it took so long).

       

      If anyone can offer any kind of legislation-based advice I would be really, really grateful. I had the bathroom repainted only a few months ago and I can’t afford to do it again or to claim on insurance and lose my no claim bonus. I worry also that if this really is the law then what if it were to happen again, would I really keep having to come up with the money to repaint?

       

      Thanks.

    • Creator
      Topic
    Reply To: Reply #15512 in ISTM’s “Who is Responsible?” document
    PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

    You can use BBCodes to format your content.
    Your account can't use all available BBCodes, they will be stripped before saving.

    Your information:




    › Forums › Common Property › Current Page