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QUESTION: We own an investment property and for the past year two sets of tenants have advised the managing agent that water is penetrating through the bedroom windows in heavy storms and that the sliding door often cannot be locked once opened.
The strata agent says the executive committee member (we only have one) has stated that they are not willing to pay for a repair.
Seeing that this is having an impact on my tenants, we’ve already lost one, do I have any recourse? – chilliblue, via Flat Chat Forum.
ANSWER: Firstly, it depends on how old the block is. In NSW, if it was registered before 1974, the sliding doors are probably your problem. The windows are probably common property
If it was registered after that, they are probably all common property in which case the Owners Corporation would have a legal obligation to maintain and repair them.
Apply to Fair Trading for mediation – an obligatory first step – where your one-man EC will doubtless be told he will probably lose at the CTTT when you seek a Section 62 order forcing him to fix the problems.
Any half-decent strata manager would already have told them this, so having a close look at who your strata manager is and why they are giving you bad advice is something else you should think about.
This step-by-step guide to pursuing NSW CTTT complaints includes links to the relevant forms.
Other states have different interpretations of who is responsible for what so if you have a similar problem and you aren’t in NSW, you can find out who to contact here on the Flat Chat website.
You can read Chilliblue’s full posting and other responses HERE.
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