#21453
Whale
Flatchatter

    Your observations about the impacts of the leak possibly being exacerbated by the tenant below not promptly reporting merely strengthens your case for the Owners Corporation (O/C) to properly investigate and rectify the problem before its impacts on the Common Property, for which its responsible, worsen.

    A couple of further observations.

    An absence of O/C funds is something that’s within your control by raising it at the next AGM (even though Owners never want to increase levies), and whilst the O/C could with the support of ≥75% of Owners at an AGM create a Special By-Law (SBL) to limit its responsibility for maintain and repair Common Property, on the basis of its current approach to the leakage problem, clearly it has no such SBL; so don’t worry about By-Laws!

    Inconvenience to you, further efforts by your O/C to shift responsibility to you, and ongoing delays can IF THEY CONTINUE be addressed by a process conducted by the NSW Civil and Administrative Tribunal and commencing with mediation that can be initiated by you with the NSW Office of Fair Trading.

    OK…… I know that probably sounds like heavy stuff, but beleve me it’s not – particularly with the mediation process which can merely by its suggestion ecourage the Parties (in your case your O/C) to compromise.

    Have a look HERE for details of the whole process and Application Forms.