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[DianeB]

I am very interested in this topic (https://www.flatchat.com.au/topic/who-pays-for-mould-investigation) as we have several leaks in our multi storey building.  In particular, several of the apartments have experienced water ingress of varying degrees. Some of these leaks are caused by failure of the waterproof membranes on roof decks and others through blocked weep holes between floors.

In our case, we found the carpet under a window in the main bedroom to have been mouldy behind the bedside table.  We though it was simply a result of dampness caused by excessive condensation during the cooler weather, however after heavy rain we woke up to the carpet in this area being quite wet.  When the Building Manager was consulted on this, he said it would definitely be a leak and he’d “add it to the list”, and didn’t even bother to come and have a look.  Apparently there is a ten week wait for the relevant contractor to investigate and rectify any defect – this seems to be the response every time we report an issue no matter how big or small.
We are worried about the health implications of this leak continuing due to the mould, as we have developed a night cough, and of course the damage to the carpet.  We are also worried there is black mould brewing in the wall cavity/ies. We
We know the contractor as we have used them for private work in our apartment and they always come within a day or two to do a quote, with work completed within a week.  Can we ask the contractor to come and inspect the source of the leak and then provide the information to the SC so that they can action or are we just expected to sit in the queue with everyone else?

Our SC is mainly uncontactable unless done through the Strata Manager which holds up any requests because he puts his two bobs worth in before anything is sent to the SC.  Thus the reason for wanting to go direct to the contractor.

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[newb]

If it’s a common property wall, and the leak is coming from a closed window that needs sealing, rather than just rain coming through the open window,

And it’s causing mould and health issues, it’s an urgent repair that doesn’t need voting on and needs to be remedied asap with minimal cost temporary measures to limit the damage. Tell the SM this.

Leak and mould investigators are very busy at the moment, so it’s possible there is a real delay.

Every owner has a degree of responsibility.

If SM has not given you a definite date, and you know for certain the contractor they will use, I’d ring them to find out what’s happening, and book them to come earlier if you can, then let the strata manager know they are booked in. If they aren’t able to come quickly, get 3 quotes and pick the quickest (as it will save further cost from more damage). Record everything you do.

Until the leak gets fixed –

I’d take photos/ video of the existing situation, then –

– move the bedside table so it doesn’t get damaged or provide more area for mould to grow;

– Put a container under the leak, or peel the carpet away and put down some temporary protective plastic sheeting

– clean up the existing mould to stop it spreading and dry out the carpet with a hair dryer

– maybe look for where water is getting in and put some clear silicone waterproofing sealant there as temporary protection.

Keep receipts for any money you spend.

– Look into getting a dehumidifier, or even just some of those sachets to reduce air moisture

– send receipts to strata manager and request reimbursement.

 

[Jimmy-T]

newb wrote:

If SM has not given you a definite date, and you know for certain the contractor they will use, I’d ring them to find out what’s happening, and book them to come earlier if you can, then let the strata manager know they are booked in.

Firstly, they probably won’t take a work order from an owner. Secondly, you can only go ahead and organise repairs in an emergency – and this probably doesn’t qualify.

Better to apply for mediation at Fair Trading with a view to getting orders under section 232 to get the owners corp/strata committee to get the work done.

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.

[newb]

Send your strata manager another email, with photos, and quote this from the Strata Schemes Management Act (assuming you’re in NSW). It might hurry them along a bit.

s106 Duty of owners corporation to maintain and repair property

(1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.

(5) An owner of a lot in a strata scheme may recover from the owners corporation, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the owner as a result of a contravention of this section by the owners corporation.

 

[Author]

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