RANT: Failure to fix and the flowchart of fury

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Follow the flowchart and you'll realise that the smarter, faster and cheaper option was just to get it done,

Every week on a Friday, our newsletter goes out with a list of all the latest post on the website plus a kind of editorial by me at the top.

Now, if you don’t subscribe, you miss out on these words of … um … wisdom? Frustration? Fury? It can be a bit of a rant, so that’s what we’re going to call this feature, where every Wednesday we re-post the editorial for those of you who missed out the previous Friday.

If you want to get it fresh, all you have to do is subscribe (for free) at the foot of the page.  Hope you enjoy it, either way – here’s Rant No.1 – JimmyT

Tomorrow, I’m going to get my old setsquare and pencils out, or maybe I’ll use a graphics program on my computer.  Even better, I’ll get AI to do it for me.

I want to draw a flow chart so that a friend can show it to his strata committee and they can see clearly what will happen if they don’t do the right thing, as in both morally and legally.

<em>Created using Claudeai and Mermaidcom</em>

You see, the owner above him renovated and did something awful to the waterproofing on his bathroom floor.  We know this because ever since my friend’s bathroom below has been suffering damp and black mould and he needed to call in people in hazmat suits to clear it.

But the problem hasn’t been fixed, the upstairs owner doesn’t want to know and the strata committee is focussed on make-do solutions. So here’s how the flow chart goes, in the form of questions to the strata committee.

Question 1: When chummy upstairs started renovating, did anyone think to get a by-law passing responsibility for the bathroom to him? No? Okay, then the problem is the strata scheme’s. Either they have to fix it or force the owners to fix it.

Question 2:  Are you going to do either of those things? No? Then I’m going to take you to mediation at Fair Trading. 

Question 3: Will you agree to fix it then?  Probably not.  You might not even attend. Next step, we go to NCAT where I will seek orders and you will try to scare me by hiring expensive lawyers and saying I will have to pay costs. 

Question 4: Will I be scared? Nope.

Question 5: What will happen next?  Chances are, all things being equal, you will be ordered to fulfil your responsibilities as clearly outlined by the Act. Now you have to fix it anyway.

Oh, and by the way, to cover your legal costs, you will have to raise a special levy from all the other owners and which excludes me.  The law says I don’t have to contribute to your defence against my case.

Question 6: How are you going to explain to all the other owners that they now have to pay for both the repair AND the lawyers who, it turns out are actually costing more than the fix?  Good luck with that!

Question 7: Now, would you like to go back to Question 2? Hmmm? Good choice.

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  • #79840
    Jimmy-T
    Keymaster

      RANT: When your strata committee says “no” because they don’t know, or they don’t want to know, you have to tell them to go with the flow.

      [See the full post at: RANT: Failure to fix and the flowchart of fury]

      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.
    Viewing 1 replies (of 1 total)
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    • #79844
      Ziggy
      Flatchatter

        Jimmy, you forgot to ask the OC/SC if they’ll be around in five years time when they get around to doing anything.

      Viewing 1 replies (of 1 total)
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