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  • #9224
    danih
    Flatchatter

      Me again… this is more of an academic question but it pertains to the ongoing dispute the OC are having with an owner. 

      It’s a continuation of the saga following on from the heavy rain in March 2017.

      The owner has now insisted that the OC organise an investigation into the potential for water penetration into her unit. I have asked her on several occasions to specify where water is getting in or to show us evidence of water getting in. She has non because the water isn’t getting in. But she keeps saying that the rain we have had is not the same as the rain experienced in March 2017, which is true.

      She has escalated her concerns from the north side of the building to now include her balcony and windows on the west side. Many of her concerns relate to unobservable items such as internal wall flashing, gaps under windows and observed features around windows that are consistent with her neighbours.

      We have organised for a qualified consultant to come and examine her unit, and the building generally.

      My question is… how far are we obliged to spend money on investigations to assuage the anxiety of an owner for a situation that MIGHT happen, as opposed to demanding evidence for something that actually IS?

      Thanks in advance

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    • #20701
      scotlandx
      Strataguru

        You’re not obliged to do anything in the absence of evident concerns. I think you have been very patient with this owner, probably too patient.

        If I were you I would call her bluff and tell her if she wants that type of investigation she can pay for it.

        #20728
        Cosmo
        Flatchatter

          I absolutely agree with the reply by ScotlandX.  We had an owner demand we get an engineer out to inspect one of their walls as they were scared that recent rains had weakened it.  We refused. I inspected the wall and there was no identifiable damage/weakness.  The owner threatened to sue if anything did happen.  

          I believe it comes down to a reasonableness test.  The OC in the absence of evidence to the contrary is entitled to accept things are sound.  Contrast this with a situation were the OC should have known eg., a repair to a balcony that left the balcony weakened and not up to current building standards.   

          Danih, unless there is an obvious defect it is not up to the OC to do stuff ‘just in case’.  

          A cynical warning against telling her to get her own investigation/report.  My experience is that if you are paying it is not difficult to get a report to identify ‘potential’ defects.  

          #20726
          danih
          Flatchatter
          Chat-starter

            Thanks ScotlandX and Cosmo. I agree with you but if we don’t get a report the owner can say we’re being negligenT in not investigating. Once we have the report (in train now) we will draw a line. If the owner doesn’t agree with the findings we’ll definitely be telling her it’s her problem!! If she wants more tests done she can organize them herself!!

            youre right that we’ve been more than patient. She seems to expect us to guarantee things beyond what’s reasonable. It’s ridiculous!!!

            thanks for the positive reinforcement though. Much appreciated. 

            #20700
            Flame Tree (Qld)
            Flatchatter

              You might be able to assure her you are interested but can only really test for ingress when/after an event happens. You can then arrange a thermo guy come and test on-site, but, this needs to be done within a day of so of the rain event or the ingressed moisture evaporates and it shows nothing. That way if she has genuine issue you have independent advice that one exists. It’s just a guy with a heat/moisture sensing camera who does a report with pics of what hes seen so not that dear. Alternately, maybe let her arrange for this or something that she will pay for if there is no issue, and you will reimburse if there is.

              #20688
              BONNIE L
              Flatchatter

                If I have this ‘right,’ it is only photographic evidence that would cut the mustard in any pressure on all the owners to pay up.  It’s so easy for an individual owner to grumble what’s happening for their ‘patch’ – which we all do if it’s valid – however, sounds like the body corporate is being tested and strata manager could step in firmly.

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