Sometimes I think the policy wonks who devise the rules by which we are supposed to run our strata lives deliberately throw in little quirks and nuances just to make sure we are never 100 per cent certain about who’s right and who’s wrong.
Take the Flatchatter who has a crack running down the external wall of her block from the flat above, or is it up from her apartment? (We mentioned this in passing last week but more information has since come to light.)
The crack lets in water in heavy rain and the water is damaging the internal fabric of the wall, causing mould and ruining her stuff.
If this was NSW, it would be simple – external wall is common property, therefore the strata scheme has to fix it.
But this is Victoria where the plans for a block can, it seems, define an external wall as lot property and therefore the individual owner’s responsibility.
The provided plan for the block is sketchy, to say the least, and the building management is, predictably, saying it’s not their problem. And there’s a suggestion that the common property was redefined a few years ago.
Our Flatchatter desperately needs this fixed but if the strata committee and mangers are washing their hands, she then has to deal with the upstairs neighbour for whom the problem is likely to be less severe, gravity working on water as it does.
Who’s right and who’s wrong? More to the point, what does she do next? We’re saying get an experienced strata lawyer – but are there that many in Victoria?
Given that for years in Victoria you’ve needed a special resolution before you could even ask how much lawyers would charge – and 25 percent of owners could put the kybosh on that – there may not be the strata law culture that exists in NSW and Queensland.
Opportunity knocks, my learned friends. Get thee to Victoria, but first read the whole saga HERE.
Elsewhere on the Forum
- Do the Environmental Protection Act limits on neighbourhood noise mean by-laws and NCAT can’t prevent residents from using drills and saws in the evening and at weekends? That’s HERE.
- An attic conversion was done without permission years ago, now downstairs neighbours want to trade a by-law for permission to take over common property gardens. That’s HERE.
- What can I do about the noise from an exercise treadmill in the garage below my flat? That’s HERE.
- Why is it so hard to find a reliable company to cleaning and gardening? That’s HERE.
- Are Victorian strata residents expecting too much or too little. An occasionally heated debate rumbles on HERE.
- Smoker apologises for her fumes coming into my flat. But can I do more when NCAT says you have to prove harm? Includes a link to an intriguing case where NCAT revoked a smoking ban, HERE.
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› Flat Chat Strata Forum › Current Page
Tagged: attic, cleaning, conversion, crack, drills, garage, gardening, leak, mould, noise, smoke, treadmill
Sometimes I think the policy wonks who devise the rules by which we are supposed to run our strata lives deliberately throw in little quirks and nuanc
[See the full post at: Forum: Crack in wall exposes gaps in the law]
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
› Flat Chat Strata Forum › Current Page
› Flat Chat Strata Forum › Current Page