• This topic has 5 replies, 3 voices, and was last updated 3 weeks ago by .
  • Creator
    Topic
  • #76824
    limoncello
    Flatchatter

      Based in NSW south coast. Bathroom ceiling became water damaged when a common property pipe upstairs burst and flooded the crawl space.
      The gyprock manhole was completely saturated and fell off as well as half the trim. There is a gaping hole now that is sagging around the edges; the whole ceiling will need to be replaced.
      The OC is obstructing us at every step. We have three owners in our 14-unit scheme who are in arrears totalling five figures (yeah I know it’s not my problem, we are up to date) but the SM is using this as an excuse to not issue work orders.
      We have had a gutful of all the incompetence and want to sell. Wife wants to just let it go and repair the ceiling ourselves, but I’d like to try mediation and see what happens.
      Given their reluctance to you know, actually understand their obligations under the Act, I’d like to propose that I organise repairs myself, and then submit a request for reimbursement quoting section 106(5).
      If we sell, and the application for reimbursement is still before Tribunal, does this cancel our claim? Or can it still go ahead?

    Viewing 5 replies - 1 through 5 (of 5 total)
    • Author
      Replies
    • #76828
      TrulEConcerned
      Flatchatter

        An owner cannot willy-nilly make changes to common property, such as repairs,  and expect to be reimbursed by the OC without showing that you have behaved reasonably. The fact that you may sell is not relevant to your rights to have the damage fixed.

        Consider taking the following steps:

        1. Get 2 quotes from tradesmen for the job;

        2. Write to the strata committee and strata mgr exactly what the problem is;

        3. Make clear how long the problem has persisted;

        4. Remind them how you have suffered;

        5. Remind them that you have brought this to their attention on XXX and again on YYY and to date the have failed to act;

        6. Their failure is a breach of their duty under s. 106 SSMA;

        7. Include the quotes in your correspondence to the SC and strata mgr;

        8. Tell the SC and strata mgr that they have, say 2 weeks to fix;

        9. Tell the SC and strata mgr that you have applied for mediation on the matter as a prelude to taking the matter to NCAT, as you are not confident the property will be repaired by the strata. If the damaged property is rectified by them before mediation is to take place, you will withdraw your mediation application. Otherwise you look forward to seeing them at mediation;

        9. Call 13 32 20 (NSW Fair Trading), select the option of STRATA and they’ll tell you how to go about lodging a mediation application. Have the quotes from licensed tradesmen ready to attach to your application. Note attempting mediation is a prerequisite to applying to NCAT. Whether an agreement is struck at mediation between you and the strata or no agreement is struck or the strata doesn’t turn up (they don’t have to), the fact that you attempted is enough to apply to NCAT.

        Good luck!

        #76830
        limoncello
        Flatchatter
        Chat-starter

          Thanks mate.
          So if mediation fails and we repair it ourselves and seek reimbursement at Tribunal, if we sell before the hearing date we won’t be forced to withdraw the application??

          #76840
          TrulEConcerned
          Flatchatter

            Not exactly.

            If mediation fails, then you can mosey on down to NCAT and file a claim seeking the OC pay for the damage. Basically you use the same paperwork you used in medication, but this time you pay a fee.

            You cannot make the repairs and go to NCAT expecting you’ll be awarded reimbursement. From my experience that is not how it works. Regardless of whether you sell, when you sell or if you sell, the matter is your lot versus the OC, not you personally.

            If I were you I would:

            1. Go through the motions of my earlier email;

            2. Long before you attempt medication (ideally after you get a date for mediation which you’ll get 10 days or so after filing for mediation), go and ask a strata lawyer, like the firms sponsoring this website,  for a quote to represent you at NCAT in this matter;

            3. Also ask for their estimate likelihood of success at NCAT. Granted it will be a guess, but an educated one;

            4. Ask the lawyer what are the chances that if you hire him to represent you and you win, that NCAT will order the OC to pay his fee? From experience (I am not a lawyer) I believe this turns on what you allege was done or not done b the OC. Not addressing repairs (s. 106) is to my mind, cut and dried; and IMHO very important

            5. If you go to NCAT and are legally represented, get the lawyer to prepare and file the claim with NCAT. Not you. If nothing else, the OC will see you’ve done your homework and secured counsel, so they may, hopefully fold like a cheap suit sooner rather than later.

             

            #76846
            Jimmy-T
            Keymaster

              I am not sure that NCAT will order the OC to pay anything. It will probably order them to fix the issue then may impose a penalty if it doesn’t. I have a feeling that once liability is established, you have to go to a district court to have payment orders issued. However, failure to fix common prperty is one of the possible triggers for the appointment of a statutory manager and maybe you could threaten the SC with that – and it doesn’t even require mediation in advance.

              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.
              #76954
              TrulEConcerned
              Flatchatter

                Jimmy, my post was a tad clumsy. Yes, in most cases folk would ask NCAT for an Order to the OC to get on and perform the works. My point was that if such a long period of time elapsed between the OC being made aware of the problem and the matter being heard, then it is not unreasonable that an owner may have obtained quotes, sent them to the SC/OC, heard nothing, time marches on, owner decides it’s time to organise the repairs himself and then at NCAT would seek reimbursement for his expenses via an Order from NCAT.

              Viewing 5 replies - 1 through 5 (of 5 total)
              • You must be logged in to reply to this topic.