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[Lily]

HI All. This is ,my first time posting so hopefully everything’s in the right place. I am hoping for help regarding a NSW strata scheme in which my mother owns an apartment.

Background: In April this year as the tenant was moving out of her apartment, severe storms caused a leak in the apartment resulting in the need to replace carpet and paint the apartment. The apartment is now vacant and my mother is losing rent which she uses to live off over a stalemate between us and the OC. My mother has owned this unit for approx. 20years.

Issue #1 – upon reporting the leak to the strata manager they replied that the leak came through a number of places: Sliding balcony doors as well as around the side windows and where the brickwork meets the tiles on common property around the side of the unit. The strata manager advised that the OC assumed responsibility for the side windows and brick/tile join but has advised that the sliding doors are not on the strata plan so are not the OC’s problem. Upstairs unit owner on the Exec Committee concurred noting “a number of units closed in balconies prior to my mother’s purchase”. This purchase was around 20yrs ago and no documentation exists (or has been provided to us despite numerous requests) such as meeting minutes or special resolutions transferring responsibility of the doors to out lot. For all we know the OC approved this at the time (or at least turned a blind eye) but now there is a problem want to shirk responsibility. By waiting 20yrs & not keeping proper records (special resolutions etc) have they assumed responsibility for the exterior?

 

Issue #2 – Strata manager’s builder reported that all the front doors and surrounding windows need to be replaced (approx. $15k). We have had the contents insurer and a waterproofing expert conduct water tests and confirm a new seal and repair costing approx. $500 is all that’s needed. Strata manager initially refused to progress their own accepted repairs until the doors were replaced. I would have thought if the doors were really our problem, not theirs that they couldn’t dictate how they were repaired. Can the Strata Manager demand a certain item is fixed a certain way before attending to their own responsibilities?

 

Issue #3 – we think we may have “won” point #2 and while still disputing responsibility have offered to pay for the cheaper repair in order to get everything fixed and a tenant back into the unit (& provide my mother with an income!). Strata Manager now advises that as the repair is more than $5k the Exec does not have authority to proceed and an EGM needs to be called and vote taken etc. Is there some time limit on how long they can drag this on for? It’s been 3 months of lost rent already (which insurance wont cover as the tenant was moving out anyway but we now can’t relet until all fixed and the OC disclaim any responsibility)

Thanks for reading to the end and any help you can provide.

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[Lady Penelope]

Lily – Below is a link to a legal comment that may help you with regard to your sliding door and who is responsible for the repair. Check the building plan and look for a thick black line. 

https://www.lexology.com/library/detail.aspx?g=b70f2893-0bbb-4c7c-8b3c-a64c28bcdc1c

Regarding your insurance ….. you may be able to seek assistance from the strata scheme insurance? Check the strata insurance policy to find out if it covers loss of rent. It may be possible to ask for a loss of rental income reimbursement on the grounds that the unit was uninhabitable.

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