#25568
Jimmy-T
Keymaster

    I agree with Peter C but I would add that there would be an argument (which may not fly too far) that in not insulating the roof the owners corp is not properly maintaining common property.

    Look at it this way, the upstairs apartments, by default, provide insulation for the lower floors – but who provides insulation for them. Then there is the question of shared responsibility.  

    Q: If my unit is contained within the East, South and West walls – why should I contribute to the maintenance of the North wall?

    A: Because it’s not just about me and what directly affects me.

    I can think of half a dozen strata lawyers who would love to run that argument through NCAT.  However, as PeterC says, this should be done amicably and without getting all Rumpole of the Bailey about it.

    If everyone accepts that insulation is a good thing for the environment, if nothing else, and the owners corp wants to avoid unnecessary costs and have some control over the quality of the insulation, you should reach an agreement, take a financial contribution from the upstairs owners and get on with it.

    The financial and social cost of fighting this outweighs any benefit that might later accrue, especially if NCAT ultimately ordered the Owners Corp to install the insulation at its expense.  

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.