Thank you very much for your informative reply. I understand that the contract is not with me personally, however I understand that the EC should have the interests of all owners to ensure works to any common property is satisfactory and of an acceptable standard. I also understand that the EC has a duty of care to ensure the Act is upheld. Some lawyers can debate what is a workman like manner and acceptable, high standard, fit for purpose, and so on and owners pay for the privilege. The strata lawyer I engaged advised I had no case to apply for a CTTT order.
I have put the issues in writing to the EC, office bearers. SM and BM several times and given them a time frame. I asked for it to be listed on the EC agenda. This has not happened. I even offered to meet the EC halfway on the costs. Obviously I don’t want the OC to have additional costs of OFT/CTTT, so I requested the EC to act in a reasonable manner by insisting the builder return and make good the damage to the courtyard. This was denied by email from office bearers acting “on behalf of the EC”. As I had to seek OFT mediation to get the work repaired, the OFT has suggested I gather all of the evidence and apply for an order under section 62, that the EC repair the damage that has occurred as a result of this work.
I have contacted the Master Builders and I contacted the Building Codes Control admin. They advised that some of the wording in the scope of works has no basis within the code. I’ve now engaged an engineer to inspect the work and give a written report. I keep every single document fortunately. Thank you for your invitation I may call after all the reports are to hand.
On a positive note the builder has reimbursed me for the damages to my personal property this week.
I’m not a lawyer, and rely on expert legal advice, (Strata Lawyers) but I feel that the Strata Act leaves a lot to be desired for individual lot owners. I’m guessing that investors don’t have the same issues. The fact that anyone can have a position on a board without any qualifications, even a basic Strata course, or experience with basic maintenance issues is baffling. However I do think that generally ECM have the best of intentions. I have read that there are to be changes to the Act to ensure all ECM agree to undertake a strata course, I hope thats correct.
My levy is high and increasing every year, the repair and maintenance work appears not to checked off by any of this EC because of the poor standard of repairs throughout the building. Strata managers can offer advice regarding the bylaws and decisions regarding changes to a lot BUT if the EC override it then we all suffer. In my case I’ve been stressed, bullied, theatened, verbally abused for my emails etc. etc.
Like my neighbours,who managed to sell in a better market, I will be very happy to sell out of strata and buy a Torrens title property. 