- This topic has 8 replies, 3 voices, and was last updated 1 month, 3 weeks ago by .
-
Topic
-
Hi ,
Purchased unit in sydney last may 2025 , read all strata reports before buying, and noticed there had been water ingress through bedroom ceiling and light fitting in 2022 , consulting engineers were engaged to find where the water was coming from ,and they decided it was coming from the roof ,so a new roof (waterproofing and tiling )was completed in 2024. ( 3 story building ,my unit on middle floor ).so happy days .
August 2025 (4 months after settlement) water came through the ceiling and light fitting again in same bedroom .strata arranged for plumber to investigate, they reported water is coming from balcony of unit above and also from brick wall at front .
Owners corp doesn’t want to fix it , so I raised a motion at last meeting, applied for mediation,now waiting for a mediation date ,and will apply to ncat for a hearing on the date of mediation .
What should i ask for at mediation? Something in writing ? Should i get a strata lawyer ? If so ,can you recommend one please .probably best i apply to ncat asap anyway to force the oc into action ?
The bedroom is uninhabitable now ,the ceiling and walls are water stained and mouldy . My bed ,curtains and light fitting are destroyed.There is prob a mushroom farm inside the ceiling cavity. Can I claim off the strata building insurance to repaint the room and replace bed ,curtains etc. Also I was planning on renting a room ,can I claim for loss of rental income?
There is building work starting in this complex next week, so I have also just paid a special levy of $17000, yet my unit will not be included in these works .
Believe it or not ,the same consulting engineers, who could not do there job (but got paid )in 2022 ,are overseeing this work too .
Could I take legal action against these thieves ? I firmly believe a new roof was not needed at all.
Thanks for reading ,any advice ,much appreciated.
-
Replies
-
Owners Corp has a duty to maintain common property under law. If the first repair didn’t fix the problem, they have to move onto the second repair.
Does forthcoming building work include fixing the balcony and brick wall, or is it just the repairs to your apartment that have been left out? If so, it’s reasonable that they are not repairing your apartment until they know the problem is properly fixed.
I think you should involve a lawyer. With mould and fungi, you could be heading towards a situation where you need alternative accommodation. A lawyer can help you understand what is reasonable and how NCAT has treated these situations in the past.
If the first repair didn’t fix the problem, they have to move onto the second repair.
The problem was that the first repair didn’t correctly identify the problem, not so much that it didn’t fix it.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
There are two lawyers who sponsor this website – Bannermans and Sachs Gerace. I would recommend both of them. They are both really good (or they wouldn’t be on this site) and they hate me saying this but if you want a fight, go to Bannermans but if you want a mediated resolution, maybe Sach Gerace.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Hi im in a very similar situation which lawyer firm did you go with and can i ask approximate costs?
Hi im in a very similar situation which lawyer firm did you go with and can i ask approximate costs?
Registered Flatchatters can DM each other with information like this. BTW, Flora used her real name on this and her other post related to this matter. I changed it.
By the way – and the lawyers hate me saying this – but if you suspect the other side might put up a fight, go with Bannermans, and if you want an amicable resolution, Sachs Gerace may be the way to go. Otherwise, both are excellent strata lawyers and get results.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.