Forum: Leaks reveal holes in tribunal process

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Worried Woman Calling Plumber To Fix Water Leak

There’s an old saying that “justice delayed is justice denied”, and nowhere is that more true than in strata.

Take the case that’s just landed on our desk concerning a senior couple, one of whom is in a wheelchair and undergoing treatment for cancer.

Meanwhile, for the last nine years they’ve had horrendous leaks in their apartment.

They took the strata committee to NCAT and got orders given that the leaks had to be fixed.

The strata committee appealed and they were given an extension of time.  They didn’t meet their own deadlines.  Back to NCAT … more orders but no action.

Finally the owners corp starts ripping holes in the roof to fix all the issues, making matters worse than ever.  The couple applies for the appointment of a compulsory strata manager but NCAT says no.

Not for the first time (and probably not for the last) we have to ask, what world do some of these NCAT Members live in?

They have the power to help people who clearly need help, but instead they faff around reading the small print in the law and trying to decide what’s reasonable.

A clear case of, if you’re not part of the solution, you’re part of the problem. You can read more details and offer your advice HERE.

Elsewhere on the Forum

  • The common property garden on my side of the duplex’s fence is a lot smaller than my neighbour’s, and has been from before I bought in.  How do I get an equal share?  That’s HERE.
  • Can funds raised and allocated for a specific project be used for something else if the project never gets going?  That’s HERE.
  • Two more EV charging myths exploded – including what you can and can’t do with capital works funds.  That’s HERE.
  • Am I liable for tenant’s personal belongings damaged when the flat’s hot water boiler burst?  That’s HERE.
  • If raised building costs mean it would cost $10m more to replace our building, do we need to increase our insurance cover?  That’s HERE.

There’s all that and more on the Forum with new questions, answers and comments every day.

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