- This topic has 2 replies, 3 voices, and was last updated 2 weeks, 6 days ago by .
-
Topic
-
Owners corp is planning repairing concrete cancer in my apartment ceiling slab. It is likely builders will have to remove my windows and scabble out the concrete in my ceiling which contains asbestos “popcorn” render. I have been told this may take 5 weeks. I cant imagine myself being able to live or work in my apartment if there is asbestos and concrete dust floating around. The ceiling might have to be replaced as the asbestos popcorn cant be patched and will require removal and replacement with plasterboard to make the ceiling height remain at 2400mm. More than likely the carpet and my furniture and every surface in the apartment will be damaged or be infiltrated with a fine concrete and asbestos fibre dust bomb. Nothing has been said about me moving out while the repairs are being done. No mention of a dilapidation report or anything. The strata committee has not thought any of this through and are just determined to get this done asap without any regard for me. What are my rights here while the builder trashes my apartment and makes it unliveable?
-
Replies
-
We assume you are an owner / occupier? In which case, there is not much you can do. But your suggestion of moving out, entirely, and going to a BnB during the work makes sense., especially with asbestos involved. In fact, you may be required to do so.
But it’s unlikely you can get compensation, but it is worthwhile asking. At least ensure the committee includes you in the decision making, and gets input on what is being done, and when.
If you are an investor owner, and the unit is being leased, then you might be able to claim compensation for the loss of income, if you can show the Owners Corporation was negligent, and did not maintain the common property, and delayed the repairs unnecessarily. But an owner occupier can not usually take advantage of these provisions, because the difficulty to show and calculate a monetary loss, being a big impediment.
Just consider if your Unit was a free standing house. The same problem would require you to move out, fund the stay elsewhere, store your furniture at your own cost, and in that case, also fund the repairs. In strata you only pay the (unit entitlement %) cost of the repairs, so you are ahead! Hard to think that, I know…
But it’s unlikely you can get compensation, but it is worthwhile asking.
Really? Common property is being repaired for the benefit of all owners – why should one unfortunate owner have to bear the cost of relocation? I would run this all the way through NCAT and beyond if it happened to me.
Actually, most of the above response is factually incorrect and seriously misleading (to the point where I am tempted to bin it). But it has value in pointing out the real facts, by way of contrast.
For instance, you don’t have to prove that the OC has been negligent when common property needs to be repaired. It’s a legal requirement under strata law. Buildings get old and start to crumble. The OC still has to fix them.
The comparison with a free-standing home is irrelevant. There is no common property in a free-standing home. Floors and ceilings are common property because someone’s ceiling is someone else’s floor and, in this case, the slab is part of the structure of the building.
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.
- You must be logged in to reply to this topic.