› Flat Chat Strata Forum › The Professionals › No urgency for repairs from strata-sleeping on lounge › Current Page
@sean said:
I have already been onto fair trading and they recommended the form for mediation and then go through NCAT. I feel like this option will drag out the situation and will only delay the repairs that are needed further.
You need to apply to both fair Trading and NCAT as a matter of urgency by seeking an interim order (have a look at THIS PAGE).
This is what it says: “Applications for an interim order are usually made … where damage to person or property is involved. For example, the applicant may seek interim orders to … carry out urgent repairs.”
The Interim Order application requires you to have at least made an application for mediation but the website state quite clearly that you can (and should) do both at the same time.
Applications for an interim order must be accompanied by either a new substantive application or have a current substantive application already lodged with NCAT. The substantive application will usually concern the same issues.
Although mediation is not a necessary requirement before lodging an application for an interim order, it is necessary for the substantive application. You may lodge a mediation application at the same time as lodging the interim order application.
Far from slowing things down, a decision on an interim order is usually made within 48 hours, so get on it! If need be, hire an experienced strata lawyer to at least advise you on your application.
This is not a waste of time. At the very least, your committee/strata manager needs to know that you are going through the correct channels and it it going to cost them even more if they fight you at NCAT than if they just fix the problem, which they are going to have to do anyway.
You are in a very strong position, legally. The Owners Corp has a duty to maintain and repair WITHOUT LIMIT. It doesn’t matter if they don’t have the time or the money or if they are engaged in negotiation with the builder. They still have to repair the problem and, yes, you could also pursue them for damages because of their failure to maintain and repair common property.
Going to the health department might help in your Interim Order application if they declare the unit unfit for habitation, in which case you could move into a hotel and hope you can force the owners corp to pay for it.
But the main thing is, start pushing this through Fair Trading and NCAT as a priority; just starting an action may get the result you are looking for.
FYI: It is not your job to hire experts to assess the repairs. The strata manager will just hire their own tame “expert” to counter yours and you will still be on the couch.