Pigeons, private eyes and warranties that run out

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The Mittagong apartment block roof and the building rectification order.

This is strata saga with a difference, involving pigeons, private eyes and warranties that have run out way past their claim-by date.

It’s the kind of thing that can only happen when a property developer lives in the same building as an apartment owner who’s desperate for her leaking balcony to stop causing mould. 

And the whole schemozzle has led to a compulsory strata manager being appointed to “manage the dysfunctional strata scheme”, according to this ABC story.

From private investigators stalking residents to pigeons blocking drainpipes, the allegations and nasty neighbour sniping were unpleasant at best and frightening at worst.

Annouchka de Jong Heybroek bought three apartments in the Mittagong Central Developments complex in 2021, planning to turn two of them into a penthouse while renting out the third.

The apartment block where pigeons not failed waterproofing were blamed for mould infestation

Reality seeped in, quite literally, when water came through her balcony door. 

Sodden carpets had to be ripped up, revealing rotting floorboards beneath. Black mould spread. 

Annouchka’s once grand vision of a penthouse began to crumble as fast as the list of 46 defects grew. Play the video at the top of the ABC story to cop an eyeful of the soggy horror show.

Ugly disputes over apartment building rectifications by developers are nothing new. When the developer Jeff Knox lives on the ground floor with his wife – and also owns two apartments – the neighbourly niceties go out the window.

Individual apartment owners can’t lodge defect claims – only the owners corporation can. After much sniping, the NSW Building Commissioner issued a rectification order.

In one message, he blamed her water damage on “50 dead pigeons” and their eggs blocking drainpipes. Annouchka also claimed private investigators followed her.

The developer and his wife now face their own six-figure legal bills and all residents are paying skyrocketing strata levies.

Annouchka told the ABC her levies have gone from $800 a quarter to $4,600 a quarter per unit. 

Another resident of the complex, has fallen behind in levy payments, and despite taking out a reverse mortgage to help pay for them, has been issued with a notice of recovery, which could lead to bankruptcy.

Judith has now joined Annouchka’s legal battle against their owners corporation at NCAT

Let’s hope the pigeons find good lawyers, too – it seems everyone else in this Southern Highlands saga will need the legal eagles on speed dial.

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