Not exactly.
If mediation fails, then you can mosey on down to NCAT and file a claim seeking the OC pay for the damage. Basically you use the same paperwork you used in medication, but this time you pay a fee.
You cannot make the repairs and go to NCAT expecting you’ll be awarded reimbursement. From my experience that is not how it works. Regardless of whether you sell, when you sell or if you sell, the matter is your lot versus the OC, not you personally.
If I were you I would:
1. Go through the motions of my earlier email;
2. Long before you attempt medication (ideally after you get a date for mediation which you’ll get 10 days or so after filing for mediation), go and ask a strata lawyer, like the firms sponsoring this website, for a quote to represent you at NCAT in this matter;
3. Also ask for their estimate likelihood of success at NCAT. Granted it will be a guess, but an educated one;
4. Ask the lawyer what are the chances that if you hire him to represent you and you win, that NCAT will order the OC to pay his fee? From experience (I am not a lawyer) I believe this turns on what you allege was done or not done b the OC. Not addressing repairs (s. 106) is to my mind, cut and dried; and IMHO very important
5. If you go to NCAT and are legally represented, get the lawyer to prepare and file the claim with NCAT. Not you. If nothing else, the OC will see you’ve done your homework and secured counsel, so they may, hopefully fold like a cheap suit sooner rather than later.