#26809

Hi Valakos,

It SHOULD be a simple matter, of course, but it sounds like the “Elderly Member” is going to obsfucate and deflect to the greatest extent that they can. So you must follow the appropriate steps and try to keep the Owners’ Corporation on point.

Do you have a written report from the person you engaged to assess the damage? That’s going to be useful. Then follow the steps outlined in NSW Fair Trading’s* “Strata Living” document (page 43, “Getting repairs to common property done”):

1. Talk about it: write to the strata committee or strata manager or access the scheme’s internal dispute resolution process

2. Submit a motion to the secretary for inclusion on the agenda of a general meeting for consideration eg “That the Owner’s Corporation acknowledge that the damage occurring in Lot ? [Valakos’ unit] is damaged caused by [concrete cancer] in common property, and that the Owner’s Corporation undertake to repair the [concrete cancer] and the damaged caused to Lot ?. Attach your expert’s report to your motion.

3. If not resolved, apply to Fair Trading for mediation

4. If the matter remains unresolved, apply for a determination by the Tribunal.

 

*Assuming you are in NSW. There will be similar procedures in other states.