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  • #78699
    Sammy
    Flatchatter

      I am in Victoria total of 8 units (4up4down) My unit is at the back ground floor. Some 12yrs ago water from the roof/guttering was coming through to the inside of my b/r swelling my shutters. Notified chairperson body Corp company nothing happened. I tried again and told oh we will get round to it.

      Then 5yrs ago tried yet again finally got my own workman to trace the water from the roof past the top floor unit brick by brick silconing all the way and extra flashing. B/C plumber said the guttering inadequate. Now I have rotten window frames sills etc and they now tell me that I need to pay half plus one eight because of the benefit rule and my lack of maintenance as I am liable for not doing due diligence.

      Is this not a case of a chairperson ignoring the problem as I am on the ground floor. Apparently upstair unit did have water problems too but the chairperson said some 2 to3 yrs ago that she had too many problems and no time to attend to mine.

      She stated she didn’t really know about this but that was not the case. Why am I liable when I have done all I could to get it repaired. Doesn’t the B/C have a due diligence to maintain common property?? Can anyone answer.??

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #78725
      tina
      Flatchatter

        Hi Sammy

        You must get everything in writing.  The executive committee is not giving you a consistent story.  Please put together all emails, text messages and paper correspondence to confirm what you are saying.  I hope you have a written statement from your workman from five years ago.

        From my own experience in NSW, you cannot claim that the owners corp “refused to fix something” unless you first ask them to do it.  If you have not done so already, put your request in writing.  Then get their response in writing.

        Then ask a strata lawyer how you should proceed.   I don’t know why you would be liable.  A strata lawyer can advise you.

        #78729
        Ziggy
        Flatchatter

          Unfortunately Sammy, this is yet another scenario where the owner has to pay for a lawyer to get their strata committee to repair common property issues. It took me six years to have our dilapidated lift replaced, despite residents being stuck in the lift on a regular basis, some for half an hour.

          Tina is right. Get copies of all emails regarding the matter. As I live in NSW, going to NCAT does not necessarily require lawyers. But you have to be well prepared and brave.

          #78810
          Sammy
          Flatchatter
          Chat-starter

            Hi Sammy

            You must get everything in writing. The executive committee is not giving you a consistent story. Please put together all emails, text messages and paper correspondence to confirm what you are saying. I hope you have a written statement from your workman from five years ago.

            From my own experience in NSW, you cannot claim that the owners corp “refused to fix something” unless you first ask them to do it. If you have not done so already, put your request in writing. Then get their response in writing.

            Then ask a strata lawyer how you should proceed. I don’t know why you would be liable. A strata lawyer can advise you.

            Thankyou for your thoughts. Unfortunately we had 6 different strata managers within the same firm. Nothing was ever put into writing (I note that is still the case when topics are raised in AGM’s ). Always very careful when anything is raised nothing embellished as no paper trial is wanted or building problems mentioned in any seriousness. The emails sent to the strata firm and not replied to – our chairperson in our building is not on email – can only phone not directly to her as she will only abuse you and hang up on you if she doesn’t want to deal with it. Majority of the time she just attacks you as units mostly rented and no one stands up to her and no one owners are not interested (landlords). Just no maintenance ever happens unless it is steam cleaning the carpet and ordering tradies around servant master style. The strata company just say oh it will end up being a developer’s site.

            #78809
            Sammy
            Flatchatter
            Chat-starter

              Hi Sammy

              You must get everything in writing. The executive committee is not giving you a consistent story. Please put together all emails, text messages and paper correspondence to confirm what you are saying. I hope you have a written statement from your workman from five years ago.

              From my own experience in NSW, you cannot claim that the owners corp “refused to fix something” unless you first ask them to do it. If you have not done so already, put your request in writing. Then get their response in writing.

              Then ask a strata lawyer how you should proceed. I don’t know why you would be liable. A strata lawyer can advise you.

              Thankyou for your thoughts. Unfortunately we had 6 different strata managers within the same firm. Nothing was ever put into writing (I note that is still the case when topics are raised in AGM’s ). Always very careful when anything is raised nothing embellished as no paper trial is wanted or building problems mentioned in any seriousness. The emails sent to the strata firm and not replied to – our chairperson in our building is not on email – can only phone not directly to her as she will only abuse you and hang up on you if she doesn’t want to deal with it. Majority of the time she just attacks you as units mostly rented and no one stands up to her and no one owners are not interested (landlords). Just no maintenance ever happens unless it is steam cleaning the carpet and ordering tradies around servant master style. The strata company just say oh it will end up being a developer’s site.

              #78883
              optusJo
              Flatchatter

                Then 5yrs ago tried yet again finally got my own workman to trace the water from the roof past the top floor unit brick by brick silconing all the way and extra flashing. B/C plumber said the guttering inadequate.

                If the guttering was inadequate 5 years it is still inadequate now.

                Is it a 60s building?

                Are they now fixing the guttering and you are liable for your share of 1/8th? or do you mean that your unit will be fixed by the OC and you are liable for 1/8th?
                Was the upper unit repaired 2-3 years ago but yours was not repaired?

                I’d say it stinks –  and ask to see the scope of works for the roof fix if that is what is happening.

                 

                What are you being asked to be liable for?   I wonder if the “get out of jail free” card  that indemnifies committee members and the strata manager against all possible claims is being played?
                As VCAT is taking a long time (over a year in some cases) to hear cases or just to get to Directrions Hearing and Mediation.

                 

                #78896
                Sammy
                Flatchatter
                Chat-starter

                  Then 5yrs ago tried yet again finally got my own workman to trace the water from the roof past the top floor unit brick by brick silconing all the way and extra flashing. B/C plumber said the guttering inadequate.

                  If the guttering was inadequate 5 years it is still inadequate now.

                  Is it a 60s building?

                  Are they now fixing the guttering and you are liable for your share of 1/8th? or do you mean that your unit will be fixed by the OC and you are liable for 1/8th?

                  Was the upper unit repaired 2-3 years ago but yours was not repaired?

                  I’d say it stinks – and ask to see the scope of works for the roof fix if that is what is happening.

                  What are you being asked to be liable for? I wonder if the “get out of jail free” card that indemnifies committee members and the strata manager against all possible claims is being played?

                  As VCAT is taking a long time (over a year in some cases) to hear cases or just to get to Directrions Hearing and Mediation.

                  Thankyou for being interested. Yes I am told due to Vic strata rules that I pay 50% + 1/8th the cost of you window frames Yes different chairperson doesn’t live at property chairperson but has obtained one quote for repairing the roof/guttering through strata co. and this same plumber from 5 yrs ago states that the gutters are adequate but the railhead sizes are not and more down pipes required and the drainage needs all the tree roots dug out and cleared. I cannot get any answer from the B/Corp Co re the upstairs water problem and no paperwork. As most are rented owners not interested and I cannot even get the thread of what the chairperson who appears to discuss nothing and make all the decisions without your knowledge. I am supposedly a committee member I cannot even get to the strata company to discuss anything nor do I get replies I do get my share of the bills and in this case more. Yes we are a 1972 block. I don’t know where to turn really and they just bully you

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