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[kim]

Hi All,

I purchased a property last year. When we purchsed this property the real estate agent told us that the windows were approved to be fixed and also the courtyard. The courtyard was damaged by a collapsing sunshade. We were shown emails from the Chairman of the Execuative Committee stating that the repairs come under the Owners Corporation and that they will be attending to it when the new owners take over. They even went as far as getting a quote for the courtyard.

Last week we recieved a letter in the post from the Strata agent  telling us that the courtyard would not be fixed at their expense and that the damage was gereral wear and tear.

I have attached the email from the Chairman below and just deleted the names. Could anyone advise me what actions I should take in this case?

 

Sent: Monday, 14 November 2011 4:48 PM
To: Lawrie —
Subject: unit 38

 

Hello Lawrie,

 

Following on from our conversation today, I have attached our last minutes which show that the ceiling has been repaired and an order has gone out to have the doors and woodwork repaired.

 

As to the courtyard, we have a quote to repair the pebblecrete for $4,820.00 incl GST which the Owners Corporation have yet to approve.  This repair does come under Owners Corporation.  We will be attending to this when the property is taken over by new owners as it would be a waste of funds if the new owner does not like pebble crete and wishes to lay tiles.  The extra price for tiles would be at the new owners’ expense.

 

Hope this clarifies your queries,

 

Regards,

---

Chairman of the Executive Committee 

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[Jimmy-T]

It sounds like the Owners Corp  was either wrong before or they are wrong now.  But there’s a difference between what’s fair and unfair and what’s right and wrong.  The only way you can establish which applies is to establish which bits of this are common property and which aren’t (and that means looking at the original strata plan).

However, I’m betting an external wall IS common property, in which case it doesn’t matter if it was wear and tear, damage by vandals, a missile attack from disgruntled neighbours or an act of God.  The only circumstances under which an individual owner would have to pay for the repair of common property would be if they damaged it themselves.  You clearly didn’t and if the previous owner did, then the Owners Corp’s beef is with them – but they still have to pay for the repairs.

This sounds suspiciously like the EC has put a claim in to their insurers and they’ve been told it’s wear and tear, therefore not insured.  That may be so but it changes nothing – the Owners Corp has an absolute responsibility to maintain and repair common property.  It’s not your problem if they can’t get their insurance to pay for it.

However, if by some quirk the previous owner had been given permission to erect the sun-shade and there was an exclusive use by-law to that effect, then the  chances are that the damage may well be yours to repair. But if that is the case it will be in the by-laws.  If it’s not in the by-laws, then it’s more than likely an Owners Corp responsibility.

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