› Flat Chat Strata Forum › Common Property › Failure to carry out repairs › Current Page
On the assumption that your unit’s in NSW then you could apply for the matter to be mediated by completing THIS form, but even though that’s a mandatory first step to if necessary having the matter adjudicated in the NSW Civil and Administrative Tribunal (NCAT) it can be a bit of an inconclusive lucky dip.
So before initiating that step I’d suggest you write to the Secretary of your Executive Committee with a copy to your Strata Manager to:
- again set-out as precisely as possible the nature of the problem, and;
- state what you believe to be its cause, and;
- provide details of the dates when you have previously raised the matter and have requested the owners corporation (O/C) to make repairs, and;
- state that you expect your Owners Corporation (O/C) to comply with its obligations to properly maintain its common property under the provisions of Sect 62 of the NSW Strata Schemes Management Act and;
- that if it fails to commence work within say 14 days, then you will initiate proceedings in the NCAT for Orders requiring the O/C to do so under the provisions of Sect 138(2) [where you will see that an O/C has a period of 2 months from the date of a request such as yours to either formally refuse it or to commence the requested maintenance / repairs].
Hopefully the formal letter that I’ve suggested will have the desired result, but for your information, the details of the dispute settlement procedure for Strata Schemes can be found HERE.
Finally, the O/C is required to make all repairs to your unit that have been caused by the fault in its common property together with any that consequentially arise during the making of those repairs, but it’s not required to paint or to compensate you for any loss of rent (although landlords’ insurance may depending upon the extent of cover).