Flat Chat Strata Forum Living in strata Current Page

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  • #78382
    frankie12
    Flatchatter

      Hi Flatchat community,
      I’m hoping you can help. This forum is an incredible source of info for strata newbies like me.
      The situation is below, and I’m seeking to understand what is right/lawful/ethical in this situation and what can be done for the owner.
      An owner has a unit in NSW, it was tenanted (until the tenant left after an OC builder visited the property to investigate (an issue was reported), before works started  – unfortunately neither agent nor owner informed about the visit by the owners corporation or strata, only finding out as the tenant told them, and left).
      Works started to repair the building, which means the unit must have all its floor taken out. A builder then was engaged by the strata management, but on starting that made the situation worse, so an engineer had to be engaged but instead works stopped (it’s unclear why an engineer was not engaged in the first instance?). Then there was a long, tender process to select an engineer, builder, levy, another half year and more passes,  and this means the unit cannot be tenanted for at least a year due to these incomplete works when this should take 2 months 🙁
      It’s the owners only place, they are not a high income earner and they cannot simply move back in and also rent themselves. OC insurance will not cover it, nor will landlord insurance (as it’s repairs, they say, not an insurable event).
      What obligations do the owners corp have to the owner to assist them?
      May the owner claim loss of rent as it is so protracted?
      What else can the owner do?
      It’s a horrible situation! I didn’t know anyone could be left with a unit in disrepair for so long by strata. All the costs are being borne by the owner and they’re also expected to reinstate the floor themselves but a this rate, they will not be able to afford to do even that.
      Thank you flat chat community for any help or guidance.

    Viewing 5 replies - 1 through 5 (of 5 total)
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    • #78383
      frankie12
      Flatchatter
      Chat-starter

        I should add, I can’t negative gear (just learning the peculiarities of the Australian system)

        #78395
        Jimmy-T
        Keymaster

          It sounds like you have a claim against the owners corp and they would have a claim against the builder.  But I’m going to take a wild punt here and guess that the builder wasn’t insured.  If so, the OC needs to step up and raise the funds to fix this by whatever means that they can.  And yes, you are probably entitled to compensation for lost rent.  Probably.

          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.
          #78400
          frankie12
          Flatchatter
          Chat-starter

            Thank you, really appreciate this. How does one usually go about raising compensation? Does the strata manager and committee have an obligation to respond y/n to this ask?

            Is it generally or usually a case of an owner approaching a strata manager, if that fails, fair trading, if that fails, tribunal?

            it’s become urgent ie as it’s impossible to maintain an empty flat for over a year (levies and the like) waiting for these repairs

            Knowing what I now know and have experienced, how I wish there was strata education mandatory for all!

            (the owner has joined the committee by the way after all this has happened, and is now an office bearer, so I think needs to absolutely step out on any decisions on compensation that arise)

             

            #78402
            Jimmy-T
            Keymaster

              Step 1, consult an experienced strata lawyer.  Your usual solicitor probably won’t know exactly what to do.  Everything else flows from that and you are going to need one at some stage in all this.

              A lawyer’s letter claiming compensation and damages may be all it takes to get things moving, such as finding the funds to get the work done.

              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.
              #78428
              tiny
              Flatchatter

                I had a similar situation in my investment strata unit in NSW.  There was a leak in my unit caused by common property plumbing. The strata plumber who came to repair the leak caused a major leak and my unit flooded. The tenant moved out, I lost rent and had to get new flooring.  Thankfully I had an excellent property manager who continued stressing the major damage was caused by the strata’s plumber- so in the end the flooring was paid for, rent reimbursed and advertising for new tenant paid for.

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