[Eureka]

Hello

Finally, I have something to update!

After many long, stressful months (brutal, as I was doing everything myself including learning up about the law and representing myself at the tribunal), we have an outcome. Consent orders by the tribunal for the OC to fix the external water ingress problems (damp proofing and rising damp).

I learnt a great deal but it affected my physical and mental health. It was a lot of work and it was exhausting. I trawled through three years’ worth of emails to piece together events, to check and double checked my facts and to informed myself with the relevant sections of the OC Act that were breached.

I wished it didn’t have to go to the tribunal to be resolved – all because of one man’s malice, who went out of his way to obstruct legitimate maintenance issues, the complacency of the other owners because it didn’t affect their units, who allowed their minds to be poisoned instead of identifying the facts and issues for the themselves, who didn’t exercise their duty of care or didn’t know they have a duty of care under the OC Act, and a manager who enabled.

Eureka

[Eureka]

Thank you very much Julie McLean for your very comprehensive reply! It has been most helpful.

1.  The loss adjustor from the insurance company made the determination that external water ingress was the cause after the 4th plumber’s report (all four plumbers’ investigation found no leaks from internal sources). It instructed the OC to carry out maintenance. The strata manager was informed of this but there was no response. Follow-ups were made over several months, still no response.
2. The OC have also been informed. No response.
3. A complaint has been lodged with the franchisor a week ago. They have acknowledged receipt of complaint but have not responded yet to the issues raised.
4. A copy of the complaint have been emailed to all owners on the same day – no response to date.
5. We will lodge a complaint with Consumers Affairs under the Owners Corporation Act 2006. We need to find some emails to cross-check and confirm some dates mentioned in the complaint before sending.
6. In the meantime, due to the 12 month delay in getting a case heard at VCAT, we have also filled in a VCAT form but have not sent it for the same reason. We are also putting together the relevant supporting documents (mostly emails) to prepare for the hearing if it couldn’t be resolved at mediation.
7. We will also contact strata lawyers for quotes.
8. We are not aware of any internal conflict resolution procedures. It would be difficult to have any conflict resolution when the manager and owners corporation refuse to engage at all
9. At the AGM in Sept 2023, there was exactly 50% of owners present, consisting of one owner and two proxies. The manager was the proxy for the owner who blocked the repairs because of his objection that it came under the OC policy rather than a contents policy.

We will provide updates.

Once again thank you very much Julie, and also Jimmy, for your help. Much appreciated!

[Eureka]

We are in Victoria.

It is a block of 6 units.

We have 3 resident owners.

 

[Author]

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