[Soaky]

Thanks JT

I have sent a message  to Kaindub

I will mention  your suggestion re the buying of personal property to whatever lawyer we end up with

I will let people know how it goes

[Soaky]

Thanks for the feedback JT & Kaindub

We’ve already amassed enough money in our Capital Works to do all of the doors & windows and I’m mindful that a few of the older residents may not have the means to replace their sliding doors so I thought this might be a sensible and considerate way to get everybody’s done. Maybe I’m delusional

Legal advice now received via our Strata manager implies that this hasn’t been done before.There’s a lot of Strata lawyers out there and I’m not sure if I’m allowed to ask on this Forum which legal firm Kaindub consulted ? That way I might be able to ask them directly if any Strata Plan has ever managed to get it over the line or if it’s a complete waste of time

Look forward to hearing from you

 

[Soaky]

Hello Jimmy et al

2.5 years on and i thought i’d update you on what the final result was.

As regards my building consultant costs I didn’t bother with Fair Trading but decided to directly to the Strata insurers, who rejected it out of hand, so I appealed through the insurers internal process and they also rejected it. I then sent the same paperwork off to AFCA. In that process the Strata insurers didn’t look so flash as they’d ignored my building consultants written advice plus they didn’t do a very good job or even fix the leak. End result was the insurers reimbursed all of my building consultant costs plus a bit extra.

As regards the ongoing leak, i persevered with the Strata manager for 1.5 years and then applied for mediation in December 2022 and because of that external pressure it was all finally repaired by mid 2023.If I had my time again I would have went to Fair Trading much sooner. A lesson learnt

(Not so) Soaky

 

[Soaky]

Many thanks to Jimmy T & all for advice.

I’m going to put my paperwork together and will apply for mediation at Fair Trading.

Although it’s now over the 2 year limit do you think you think I should include my building consultant costs from 2018? To be honest I sort of left everything go during the chaos of COVID last year

thanks

Soaky

[Soaky]

Hi Jimmy T

I didn’t get anywhere with the Strata insurers & my problem has since worsened.

The water damage from flooding from the unit above in December 2020 was limited to the common property set plaster ceilings in the bathroom and part of the kitchen. My personal property wasn’t impacted.The Strata Committee & the Strata manager didn’t want to put it through insurance ( due to high excess) and I was authorised to organise the repairs myself with bills being forwarded to Strata managers for payment.

As you know it is very messy work but the the tenants (young family) agreed to stay put as I scheduled work to minimise the innconvenience to them. On completion of the job they correctly requested (per the Lease) for rent to be rebated for the days that the bathroom & kitchen were unavailable due to common property ceiling repairs and I had no issues refunding them approx $2500.

I then wrote to both the Strata Committee and the Strata manager in March outlining what had occurred and seeking reimbursement of this rental loss and 3 months later I have had no response except the Strata manager said on the phone that it’s up to me to sort it out with the Owner of unit above !  This is the third documented leak in 5 years and I’m really at a loss as to what to do next.

Appreciate any advice you can offer

Kind regards

Soaky

[Soaky]

Many thanks for the advice Jimmy

I will contact the Strata insurers directly

[Author]

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