› Flat Chat Strata Forum › Common Property › Strata manager’s excuse for not fixing repair › Current Page
13/02/2021 at 3:56 pm
#54419
This is an interesting discussion. This is not meant to be a criticism, (but rather a critical analysis), but will “consulting a qualified waterproofer/plumber” tell you whether the laundry was renovated? Probably not.
As the Keymaster has already mentioned if the water has gone through the floor it suggests that the waterproofing (if existing) has failed. Therefore do you need to pay a tradesman to check it?
Shouldn’t there be a by-law if the apartment was renovated and if none exists, then doesn’t that mean that it defaults to Owners Corp responsibility?
It is a fine line question, because (a normal world) Bonnie also has a valid point that if someone was living in there it may be just fine, even in the case that the waterproofing isn’t the best. How long were you there before this occurred?
The problem is that the strata legislation is not normal, because in Part 6, Div 1, 106 (6) it says An owner may not bring an action under this section for breach of a statutory duty more than 2 years after the owner first becomes aware of the loss. It would seem that it is wise to take action quickly, before two years goes past. It removes the option for you to wait and see how things go.
As has been mentioned from time to time by Jimmy there is a strata legislation review underway now. http://haveyoursay.nsw.gov.au/strata-statutory-review-2020
If you feel like I do, that you didn’t buy into a strata plan to have decisions made about your life and your property by a bunch of other people, then tell them this.
If I wanted to be part of a community with people I don’t know, I would have bought into a community scheme not strata.
Be interested to know your thoughts Mark1980