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[Jimmy-T]

QUESTION: I live next door to a unit that has recently sold. Over a ten year period, the property  has been continuously let via one real estate agent.

I went to a recent open inspection and was appalled at the property’s condition. In addition to a small part of the hall ceiling falling in, most of the rooms had extensive water damage from the common property deck above.

The Real Estate Agent’s selling spiel was that the damage was the responsibility of the Owners Corporation and the new owner would not have to pay for the repairs. Given that the agent never reported any damage to the Owners Corporation, surely the cost of repairs should not rest entirely with us. What are our options? – Tiakei via Flat Chat Forum*.

ANSWER: There’s not much you can do now the property’s been sold.  You have a duty to maintain and repair common property.  You could try suing the previous owner for contributory negligence but it would probably cost much more than you’d save just by paying for repairs.

However, you could have a detailed (but non-defamatory) report, highlighting the name of the agent, minuted at your next EC meeting and distributed so that other owners know to avoid them.

 *This is an edited version of the original posting you will find here

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