#24753
pmo

    I was simply quoting what the Supreme Court has ruled. The moment something falls into disrepair the Act has been breached. It matters not how hard it may have been to detect.

    Having said that, testing for concrete cancer is a trivial exercise that even a lay person can carry out. If it has grown to such an extent that it will take 12 weeks to fix then it would have been detectable for the past 5 years at least.

    George indicated that the strata manager had told him he had to move out, not the other way around, so the analogy with a private repair in a standalone property is not relevant.

    Shock and awe tactics are often necessary, especially when a strata manager has lied to the owner by claiming that the owners corporation is not liable for what s.65(6) of the Act says they are liable for and has implied that it has the power to force him to move out when it has no such power under the Act.

    If it is a one-bedroom unit then it would indeed become uninhabitable if the bedroom floor has to be demolished. Even if it has more bedrooms concrete cancer repairs fill the lot with fine dust that is a health risk. Keeping the doors shut achieves nothing. The workers have to come in and out and the dust blows after them. Been there, done that.

    An owner in our building reported concrete spalling in his lot in March 2015. He could not re-rent it with the repairs pending. Because he did not use shock and awe tactics the vindictive committee took 11 months to complete the repairs, depriving him of the use of his lot for that time and ultimately costing the building $94,000 for repairs and damages for a job that should have cost under $20,000.