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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.
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