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Topic
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I have an ongoing issue with the ceiling in my unit (common property).
Approx two and a half years ago I asked for a large crack to be repaired. The tradesman who was sent to patch it up explained that the ceiling sheeting appeared to have been laid one on top of the other rather than cross hatched and that his patch-up job would likely not last. Sure enough, within a few months the cracks reappeared.
I was on the EC at the time and sourced a few quotes from builderers and plasterers, all of whom said patch-up jobs would continue to crack and that the ceiling should be replaced. I was out-voted by the EC who elected to have it patched up again, by the original tradesman (even though the other builders/plasterers said he’d done a sloppy job). The EC said the cracks ‘aren’t as bad as they used to be’.
Not surprisingly, the cracks reappeared. The EC had separately issued a directive that any down lights needed to have heat covers attached. My electrician indicated my down lights should be replaced with something attached to the ceiling as due to structural issues heat covers couldn’t be installed.
I again made representations to the EC for a permanent solution (two years into the saga). After some months they obtained an engineers report which indicated the cracks would continue to appear unless the ceiling was replaced. I assumed that would be sufficient to finally have the ceiling replaced however the EC elected to then have a roofer come and inspect. The roofer confirmed the issue was with the ceiling, not the roof. I asked again when I could expect the ceiling to be replaced and the strata manager replied she would get quotes, however the EC replied (I was copied in) that the strata manager had not been instructed to do so and to NOT get quotes. I was subsequently advised that the EC are going to table the matter at our next AGM (due around April).
I then asked why quotes would not be provided for the owners corp to have the most information possible to consider the matter fully. Despite following up twice the EC will not respond to this query.
Another issue relates to security of our letter boxes. They have been repeatedly broken into and over the past few months approximately once a month. The police have indicated that this problem is rife in the area (confirmed by strata manager) and that my block in particular is getting hit the worst and that a thief likely has a master key. I have reported the thefts to police and strata and have had mail (including cheques, Medicare info and credit card info) stolen. Two quotes have been obtained but no action has been taken and my emails are being ignored.
I am at the end of my rope with this and other concerns I have regarding the management of my building (detailed in a separate post).
Any thoughts on how I should proceed?
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Has the Agenda for the AGM been issued as yet, because if not, you could yourself add Motions requiring the most recent quotations to be provided in support of the E/C’s Motion, and to have the letterboxes attended to?
If the above is not possible, then you should immediately write to the Secretary of your E/C to formally request that it “exercises its function by causing the Owners Corporation’s (O/C) property within Lot *, specifically the ceiling in (location), to be put in a state of good and serviceable repair within 2 months of (letter’s date) and in accordance with the advice already received from its Contractors and as given in their reports”.
If that’s not done in accordance with the past advice and reports commissioned on behalf of the O/C, and you don’t receive a written explanation from the E/C as to why that’s the case, then you can apply for Orders under Sect 138 on the basis that your E/C’s inaction has caused the O/C to breach Cl.2(b) of that Section.
I know that this saga has been going for 2 years, but your E/C has been responding albeit in an effective way, so you have to put the “acid” on them in the terms suggested above so that Orders of the scope allowed under Sect 138 can be successfully sought.
Once resolved, only then try having the letterboxes attended to using that same approach.
YES …. mediation is a mandatory precursor to you seeking Orders, and in NSW that can be initiated through a Community Justice Centre or the Department of Fair Trading.
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