#58571
Jimmy-T
Keymaster

    Section 46 of the Owners Corporation Act says quite simply that the OC must maintain and repair common property.  Section 5 says its members must act honestly and in good faith.

    Armed with those pieces of information, you brother should ask them if they want to do this the easy way – fix the problem – or the hard way: spend thousands of dollars on legal fees fighting it, lose, pay his costs and then fix the problem.

    If there’s rising damp in common property walls, they have to fix it.  No if, or buts.  The fact that they have literally tried to cover it up and lied about it will not stand them in good stead if they decide to fight this at VCAT or in court.

    He should give them the option to come up with a guaranteed timeline for investigation and repairs or his next call will be to a strata lawyer.

    NB: No work can be carried out in occupied apartment blocks under the current Victorian lockdown restrictions – but that wouldn’t stop them from making provisional appointments subject the the lockdown being lifted.

    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.