#39217
Jimmy-T
Keymaster

    What you were told 10 years ago isn’t necessarily going to hold water (no pun intended) when it takes a decade to get a result.

    To be clear, I have never heard yet of a defects settlement that has covered the full amount of the cost of remediation etc.  That’s not fair but it’s how these things work.

    So let’s accept there is a short-fall of some kind but the OC still has to fix the defects.  But the money for emergency accommodation and storage has to come from somewhere. If everyone is affected then everyone will pay, one way or another, either directly or through their levies.

    Getting individual owners to pay for their own emergency accommodation is actually quite smart because it gives you the opportunity to limit your spending if you want to, by not having to contribute through your levies to the cost of accommodation for a larger family, for instance, or one with more expensive tastes.

    As for the storage and removals issue, I think you would have a case to take to NCAT that the Owners Corporation still has a duty of care, regardless of the level of the pay-out it received, and that your additional needs should be covered.

    I’m not saying you would win, that’s a roll of the dice, but I’m pretty certain of one thing; making additional demands on the owners corp at this time will make you pretty unpopular with most of your neighbours.

    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.