› Flat Chat Strata Forum › Living in strata › Water incursion and OC responsibilities › Current Page
Oh come on, unless you have installed a greenhouse in the apartment the OC is having a lend of you. I am surprised you have put up with this for so long, and if the apartment is in the state you describe it would be a health hazard for anyone in there. Have you had the air quality checked? What professional reports have you obtained?
Get a roof expert to look at the roof and give a report regarding the state of the roof and the gutters. Roof membranes only last so long and then they need to be replaced, and the same goes for gutters. Presuming that is the case, the OC is obliged to do that.
If the OC refuses, then you can lodge an application for an order for them to do it, as under the current legislation they are failing to maintain the common property under section 62.
If the ceiling falls down then it is the OC’s responsibility to replace it – taking into account that the ceiling is common property. I certainly wouldn’t be paying for any of the damage to your apartment that is being caused by a failure of common property. Note that the OC’s insurance will often cover that, but query whether it will where the OC is put on notice that the common property needs repair, and does nothing about, it or refuses to do anything about it. There are distinctions between what the OC insurance covers and what is covered by your insurance.
There have been cases where this has occurred and the Tribunal has ordered that any costs of repair of the damage caused must be met by all the other owners except for the affected owner.