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  • #10603 Reply | Quote
    Elisha Edelstein
    Flatchatter

      Water was entering our Unit during the last major downpour through an external wall of the building. The water kept flowing into the flat and our tenant was concerned that it will also start seeping through the floor to the unit below. They located the number for the emergency plumber which was provided by the Strata Manager on the notice board and called it. The number was disconnected. We tried to call it several times since and it’s still disconnected. The tenant therefore contacted another plumber.

      A plumber attended the site and confirmed that the water was coming through the an external wall. He said that it may have been the result of the external render repair work which was taking place at the time by a Strata contractor. While investigating the problem, he had to cut a small hole in the plaster board which will need to be repaired. I note here that we have had trouble with this particular wall in the past. We even allowed the strata plumber to cut a significant hole in the plaster board in order to investigate where the water was coming from. The former strata manger had organised to repair the hole and repaint the wall.

      we are seeking reimbursement for the plumber fee and the repair of the wall from Strata

      When our agent contacted the Strata Manager, they said they wouldn’t reimburse as it wasn’t the approved plumber. When I pointed out that the approved plumber was uncontactable as the Strata Manager had failed in their duty of care to keep a current number available, they still refuse to pay for it. They now say that they referred it to the EC and they rejected the claim as well. can you please help me understand who is liable to pay for this? if the strata contractor was not available in an emergency. Are we meant to just let the unit go under water? 

      Appreciate advice please – very frustrating issue!

      Thank you 

      Elisha 

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    • #25358 Reply
      Jimmy-T
      Keymaster

        Let’s forget strata law for a second.  You have stepped in, organised an emergency repair and saved the owners corporation potentially thousands of dollars. You actually tried to do the right thing but their systems were inadequate.

        So, you write a polite letter saying that they owe you money and you want it reimbursed. You should add that iIf they don’t do so within 14 days, you will commence proceedings at a district court for recovery of the actual expenses, legal fees, loss of amenity and personal expenses.

        Their call – do they want to do it the easy way or the hard way?

        The great thing about going to the district court is that you aren’t spinning the NCAT chocolate wheel – these guys work on the law and common sense.

        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.
        #25365 Reply
        Elisha Edelstein
        Flatchatter
        Chat-starter

          Thank you the reply, I sent the letter last night. await and see now. Cheers.

        Viewing 2 replies - 1 through 2 (of 2 total)
        Reply To: Who pays when emergency contractor not available?
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