[danny54]

Hello

I have just been advised that the OC has refused to attend mediation and that even if I go to the adjudication stage they cannot force the OC to pay me back the money I have spent. They say I have to go to court to recover the money.

Also because there have been structural renos to the unit above me without giving me or the local council notice I could report it to the Council.

The OC are being obstinate and hope I will just give up now. I am not a member of the EC can I call a meeting? Or perhaps you can suggest something else?

Thanks

[danny54]

Thanks for all your comments. Much appreciated.

I would like to point out I did advise the Body Corporate through the Strata Manager that the work needed to be done. He sent me the remedial builder to quote and diagnose the problem and then the builder forwarded his quote to the Strata Manager not me advising the problem. The Strata Manager then sent on the quote to me. The cost of the work is around $2,500. The builder did have building insurance to cover the work which I sighted, and I signed the contract and paid the deposit. The final bill was also sent to the BC but I paid it after it was forwarded to me because the Strata Manager would not pay it. The builder sent a further email to the Strata Manager advising him that the work was related to the integrity of the building. The Strata Manager has now told me I have to wait for the AGM in Feb next year for the Body Corporate to decided whether they will pay for the work.. but no guarantees.

[danny54]

I have talked to a lawyer. You are right it is expensive. Lawyer mediation advice is coming in at $500 and then for the Adjudication, audio monitoring is going to cost around $1-2K and then representation around $2-3K.  Living with this noise is not pleasant and the alternative means that I am going to have trouble renting out the place. First up the lawyer also suggested I get the Body Corp to issue a Section 45 notice  which may influence the upstairs owner to put down floor coverings. I will try this and we shall see. Some owners have a combination of floorboards and carpet which could assist.

[danny54]

Thanks very much for getting back so fast.

[Author]

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