#18463
Whale
Flatchatter

    Struggs, it sounds to me like the note that you were given doesn’t meet the requirements of the “Notice” that’s required to be given under the NSW Pesticides Regulation 2009 (see link in Scotty’s post #3), and that alone could lead to a max $44,000 fine against the Owners Corporation!

    However as your post mentions that the contractors were “cleaning” (common property?) it’s unlikely that activity would be covered by the Regulation but it’s indeed possible for caustic cleaning products to adversely affect plants.

    I’m not sure about holding your Executive Committee (E/C) responsible for giving inadequate notice; after all what’s adequate notice in these possibly un-regulated circumstances?

    However your E/C and/or the Strata Manager (S/M) is responsible for ensuring that the cleaning contractors were properly insured (e.g. public liability), so firstly approach them (E/C and/or S/M) in order to inform them of the damage and to ascertain the details of insurance coverage.

    The activities of the contractors resulted in the water ingress to your townhouse and the subsequent damage to your property (photos?), so in my opinion the chain of liability goes to the contractors in the first instance, to their insurers if they have one, and to the E/C and/or the S/M if they didn’t engage the services of a properly licensed (?) and insured contractor.

    Secondly, I’d get in touch the contractors as they’ve requested to in the first instance ascertain what chemicals they’ve used, secondly to inform them of the damage that their past activities have caused, and lastly to obtain some assurances about how they’ll ensure that no further damage occurs if you allow them access to your courtyard.