#53594
Jimmy-T
Keymaster

    I feel like I’ve been left out of the whole process and I want to make sure my demands don’t just go into the black hole of this OC manager’s inbox. I don’t feel like there have been adequate transparency around the process and what the next steps are and I get bad vibes that they are going to try to dodge this if they can.

    That’s not an unusual feeling in strata. The strata manager or building manager could very well be working away behind the scenes to resolve the issue but they should be keeping you informed of what they plan to do and how they plan to do it.

    Where can I turn to here? Shouldn’t they be involving me in all the reports by the builders and plumbers so I stay informed?

    No, not really.  As I said above they should be telling you generally what they plan to do but giving you every detailed step is just going to slow things down.

    Have they breached their duty of care in this instance?

    “Duty of care” is a phrase that gets bandied around a lot but doesn’t mean anything unless it spelled out in a contract or in the law. Until recently, in NSW, builders had no “duty of care” to the owners of apartments.

    How do I make sure what I’m asking for doesn’t fall on deaf ears?

    Ask for a meeting with the strata manager or building manager and take a witness. Make sure you get all their commitments in writing.  If nothing is done, start mediation proceedings at Fair Trading.

    There is a strange quirk in strata law that I’ve never been able to get my head around which is that the OC has to repair any damage caused in effecting repairs to common property but they are not liable for damage cause by the failure of common property … unless that is due to neglect or something they did.

    There is also another quirk that you can possibly go straight to the strata insurer and make a claim without involving either committee or strata manager and the insurer will often just pay up.

    Perhaps you would be a candidate for referring to Marrickville Legal Centre’s free strata advice service.  You’ll find them HERE.  If they help you out, you might help them out too, with a wee tax-free donation.

    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.