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Hi all,
Apologies in advance for a gigantic post but I wanted to put all of the details in here.
My partner and I have been facing an ongoing issue with water penetration in our unit from March 2014. This issue only happens when we get a downpour of rain and it causes water to seep in from underneath the floor (through concrete/walls) and destroy carpet.
We found out about the issue about 3 weeks after moving in when the EC Chair told us ‘oh there used to be an issue in the unit a few years ago with water coming in but its all fixed now’ which didn’t appear on any strata record/check we did previously.
In March I decided to check after a heavy downpour and sure enough the room had flooded and we had to have the carpet replaced on insurance. We informed strata and the chairperson immediately. The strata manager ignored us completely and it was all left up to the chairperson to fix – to this end they undertook some sort of work (no idea what it was) to fix it and once again no documentation took place.
After this in May, the unit flooded again with the same issue with our brand new carpet we had to claim on insurance – we contacted strata and the chairperson again and were told it would get fixed once and for all this time. Work was done to install some more drains outside and we paid to have the carpet cleaned and relaid.
In October the unit flooded again, except this time it went into both bedrooms instead of just being localized to the one room. I contacted strata and the chairperson again who said something would have to get done for sure this time – nothing has happened since October and now except for one engineer to come in to investigate the issue and quote $50k to fix, which the chairperson and EC are ‘unhappy’ about from what I’ve gathered.
Since this time I’ve written several emails and made many phonecalls (all documented) and have been told that strata will fix the carpet, pay for new carpet and painting in the room and have the problem fixed – except none of this has happened and we haven’t been told of the status of the problem at all. We have one room which we can’t live in due to the carpet being pulled up and destroyed and the other one smells like mold for many months and we simply dont know what to do.
Here’s where things get further complicated – the person that the chairman keeps trying to assign work to are his ‘mates’ or even worse, they live in side the same unit complex – the latest is he’s got a quote from a builder who is the guy who owns a bunch of units in the complex, attends the AGM, has an office in our building and is now going to fix the job for us (apparently he ‘fixed’ it 5 years ago but it’s still broken)
When my partner and I tried to get onto the EC during the recent AGM, we were all told by the chairman that the existing team was working really well together and we didn’t need any more people (4 person committee for 100+ units) and no vote was held – this was disappointing as nominations were taken and we both put our hands up.
There is some more dodgy stuff going on but I’d rather leave it at this for the moment – suffice it to say I think the chairperson is doing everything and the strata manager defers to him for everything – it’s making it very difficult to get anything done and we have a room we can’t use or live in for nearly a year now. We’re out of pocket for our own insurance claim despite it not being our fault, nothing has been fixed and nothing is moving. I’m trying to figure out where to next.
Any advice would rock about now..
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There are so many issues to be considered in your post raraku, it’s difficult to decide where to start from. The first thing I would do is check my SP’s insurance policy. It probably, very likely in fact, has a provision to allow you to move into rented premises, while the unit is inspected & repaired. This provision would include moving expenses in both directions. It should also pay not just for the carpet, but any contents damaged as a result. There is probably a lot of mould inside the walls, which will eventually make its way into the unit, creating a severe health hazard, if it hasn’t done so already. The pre-purchase searches for the unit should have turned up its repair history. Since it obviously wasn’t the case, both the strata manager & your solicitor should be asked (in writing) why was the information not sought by the latter or provided by the former. The prevailing mindset at your SP appears to be that of running a chook raffle, rather than a business. Put everything in writing from now on, preferably delivered by registered post. I hope my contribution helps to some extent. I know the gurus of this forum are very knowledgeable & helpful & will add their own detailed advice in a matter of hours. Good luck raraku, you’ll need plenty of it.
I’d immediately lodge a Conciliation case at NCAT because the Strata are failing to comply with the act
62 What are the duties of an owners corporation to maintain and repair property?
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.You have to go to conciliation before Adjudication will rule in your favor (most likely outcome).
They obviously accept that it is a OC responsibility because they have repeatedly tried to fix it unsuccessfully a number of times over the last 12 months.
Also get an independent structural report to find out exactly what the problem is and how it should be fixed (ask the OC to do this within 7 days or you will get your own). Keep a detailed record of all your costs to present to the Adjudicator to enable you to be reimbursed.
Don’t blame the SM too much as he works for the OC and has to comply with their instructions, it’s the OC you need to target (sec and chairman).
I cannot find a procedure to bypass the conciliation stage for emergencies that your case obviously is. Cost of Conciliation and Adjudication is approx $200.
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