#19118

Hi SmileyHouse

 

I’m not sure who you would make a civil claim against: the fact that you knew of your special levy and were able to tell your tenant 2 months out meant that the EC/OC did in fact inform you. Also, as an owner, you and the other owners had to vote to approve a special levy for the remediation works in the first place, so everyone who attended the AGM/EGM or read the minutes knew that this was coming.

 

While your EC could have sent the letter earlier than 1 week prior to the commencement of work, at least they have notified everyone in the building (bear in mind at a minimum they are only required to notify those on the strata roll – ie, you the owner).

 

If the tenant chose to move out citing potential inconvenience due to the planned commpon property renovations, then I’m sorry to say, but that’s just how it is. As a landlord (I am also one myself) you take a certain risk with any letting. Just as you have the right to end a tenancy, so do they.

 

It’s a very steep levy and I feel for you, but you haven’t said that the common property work will actually make your lot uninhabitable. I can only assume that the work – while major based on your cost alone – will not render your lot uninhabitable during the renovations. So I don’t think you have any basis for a claim.

 

Lastly the renovations to common property are to everyone’s benefit in the long term. If you sue your OC for loss of rent, the money that the OC has to find to fight the claim (and/or simply pay up) has to come from somewhere, so any civil action you launch will likely result in increased levies for everyone.