#77361
Jimmy-T
Keymaster

    You are “keeping strata informed”? I think you can do a lot better than that.

    Damp will almost certainly be coming from common property, which means it is the Owners Corporation’s responsibility to fix it. Write to the committee and/or the strata manager and tell them they need to investigate the problem and fix it or you will take them to NCAT who will order them to do exactly that.

    Or, if the block is less than six years old, the builder or developer should fix it.

    The person who shouldn’t have to fix it is the person who buys it from you.  But they won’t because a cursory look at the strata records will show that you have damp in your apartment and you know about it.

    Apart from anything else, Section 52A of the Conveyancing Act requires sellers to disclose all “material facts” about the property that could impact a buyer’s decision to purchase. This can include information about property damage, building defects, zoning restrictions, environmental concerns, legal encumbrances, and any past or current legal disputes related to the property. 

    If you don’t disclose the problems, and there is proof that you knew about them, the purchaser can rescind the contract and demand repayment, plus legal costs.

    Your best bet by far would be to hire experienced strata lawyers and get them to send a letter of demand to your strata scheme, then take it from there.

    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.