Flat Chat Strata Forum Strata Committees Current Page

  • Creator
    Topic
  • #8921
    Concretecancer
    Flatchatter

       

      So I have had about 9 months of drama trying to get the concrete cancer in my apartment fixed and would appreciate some advice as to what the EC should be paying for.

       

      The basic story is I inherited the apartment about a year ago and once all the estate issues were finalised I moved in and went about fixing up the place. The first, and most obvious, thing that needed fixing was the concrete cancer in the kitchen. It was very visible with large lumps and cracks in the lino. In one section that the lino was not covering you could very easily break away the concrete to reveal the rusting metal supports.

       

      I raised the issue with strata and after about 6 months a company was sent to do some exploratory work to see how bad it was. The result of this was that evidence of concrete cancer was found throughout the apartment and I was left with ripped carpet everywhere and a kitchen with huge holes in the ground. We have since had to use a strip of carpet in the kitchen to avoid tripping in the holes which means there is a strip of carpet missing from the living room. This was in March.

       

      After quotes were prepared and a company was finally selected to do the work in May, I enquired about who would be covering the costs to replace the kitchen, that would have to be completely ripped out, and the carpet. I was told that the apartment would be left with no floor covering or kitchen and that I was expected to cover the costs for both of these to be replaced plus the costs of alternate living arrangements for a month while the works were completed. I have argued this as it seems a bit ridiculous to me that I should be expected to cover these costs so that a building issue could be rectified. Strata is saying that they have ‘statutory evidence’ that I stated I would cover the costs which was no more than a conversation with the company managing the works about doing renovations when the work was complete.

       

      Does anyone know if these costs should be covered by the EC / sinking fund?

    Viewing 5 replies - 1 through 5 (of 5 total)
    • Author
      Replies
    • #18942
      kiwipaul
      Flatchatter

        The OC is responsible for the structural integrity of the apartment and so they will cover the cost of the repairs and anything they damage or remove to effect those repairs they need to restore to their condition, before removal.

        I suggest you take plenty of photos of the kitchen before they start work to have evidence if the final fit out is not up to scratch.

        Not sure whether the OC would be liable for your accommodation costs during the repairs.

        But unless the OC has a written agreement signed by you that you will cover some of these costs they are on to a looser.

         

        #18943
        Jimmy-T
        Keymaster

          KiwiPaul is right – the owners Corp is liable for the repair and maintenance of the structure plus rapirs to any fixtures or fitins (including paitwork) damaged while the repairs are being carried out.  Unless they have a document signed by you saying you will pay for the kitchen and carpet, they can go whistle.

          Any hesitation on their part to enter into a binding agreement with you on what they will do and how much they will pay should be met with action at the CTTT to obtain an order to force them to fulfil their styatutory duties.

          All that said, I would be concerned that the problem isn’t more widespread.  Your EC should be organising testing for the whole building.  I’m betting some of them are already planning to sell up before the whole picture is revealed.

          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.
          #18945
          Whale
          Flatchatter

            CC – the other sides to the matter may be if the renovations you discussed with the Owners Corporation’s contractor, and which it appears they’ve documented and provided to your Strata Manager, will include a new / renovated kitchen, then you wouldn’t expect your sinking fund to pay for that, and if the same situation arose in a stand-alone house then you’d likely have no option other than to stick it out during the repairs or perhaps to stay with a relative or friend.

            #19273
            Concretecancer
            Flatchatter
            Chat-starter

              Thanks for everyones help with this. The OC did not want to cover any of the costs so I have taken it to mediation with the CTTT. I will post again on the results.

              #19299
              Kangaroo
              Flatchatter

                Concrete cancer doesn’t arrive overnight.

                How old is the block?

                Did you follow up JT’s question – has the EC checked every other apartment, or is it just your apartment?

                What reason did the OC give for not wanting to cover any of the costs?

              Viewing 5 replies - 1 through 5 (of 5 total)
              • You must be logged in to reply to this topic.

              Flat Chat Strata Forum Strata Committees Current Page