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  • #8954
    HappyNow
    Flatchatter

      We have a damp problem in our apartment.  It is tenanted.  We requested that the agent request an insurance assessor inspect the property for moisture. They stated to the Strata Manager that they were to be notified before anyone entered the property.  The Chairman and a committee member knocked on the tenants door, said they would be back at 11am Saturday morning to inspect the walls. They then did not arrive until 4pm. They entered the apartment under the tenants good nature, inspected and said all was ok.  The estate agent nor the Strata Manager were advised of their intentions to inspect the property and were not given permission by either the leasing agent or the owner.  Is this tresspass?  What experience does the Chairman and the EC member have in relation to water damage that would allow them to make an assessment?  What are my rights as the owner now?

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    • #19100
      kiwipaul
      Flatchatter

        This is the relevant section of the act

        65

        (3) In an emergency, the owners corporation may enter any part of the parcel for those purposes at any time.
        (4) In a case that is not an emergency, the owners corporation, may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel or, if the occupier does not consent, in accordance with an order of an Adjudicator under section 145.

        The Chairman and EC members may have no experience BUT it the the EC or OC that have to authorize repairs (NOT the SM). You can contact the insurance firm direct and ask them to send an assessor.

        If the insurance firm refuse you need to get an independent inspection of the problem and an estimate of cost which you present to the EC. If they refuse to do anything about it you need to go to CTTT to force them too (if you have valid case).

        #19101
        scotlandx
        Strataguru

          In answer to one part of your question, it isn’t trespass because the tenants let them in.

          As the EC members have no qualifications, it is back to square one.  Write a letter and advise them you expect a proper inspection to be made by a qualified person at a time agreed by you/the tenants.

          #19103
          HappyNow
          Flatchatter
          Chat-starter

            Thank you.  Have written to the Strata Manager to advise this is not acceptable and a qualified tradesman has to enter the site to inspect.  Have applied for mediation to Dept of Fair Trading regarding the insurance matter.  Will apply to CTTT once mediation has taken place if outcome is not satisfactory.

            #19116

            Hi Slap Shot,

            On what basis are you requesting the owners corporation to lodge an insurance claim? The Owners Corporations insurer are unlikely to get involved unless there has been any damage caused to common property. They will then only pay for the repair of damaged common property once they are certain that the cause has been rectified (evidenced by a tradesman’s invoice etc.).

            The core of the issue you need to get to the bottom of is what is causing the excess moisture which may be caused by a raft of problems (not all of which will be the owners corporations responsibility to repair).

            It is not uncommon for executive committees to want to inspect an issue prior to authorising the strata manager to engage a contractor in order to keep a check on expenditure incurred by the SM on their behalf  (as can be witnessed by many concerned posts on this forum).

            Now, if the EC members who made a visual inspection could not see a visible problem, I would recommend arranging for your own inspection of your unit. Once you have a professional opinion on whether there is: 1) a problem existing, and 2)what is the cause and solution to this problem; you will be in a very strong position to demand the owners corporation to rectify (if appropriate).

            If the repairs and/or damage turn out to be claimable under the owners corporation’s insurance policy, then the strata manager should lodge a claim on behalf of the owners.

            Please be aware that the most common cause of damp problems in apartments are the result of poor ventilation – especially in older buildings.

             

            Good luck.

            #19115
            struggler
            Flatchatter

              It is the Owners Corporation’s responsibility to arrange and pay for an expert inspection discover the cause of any damp problem.  They can then determine whether it is a OC problem or an owners problems.  A problem should be correctly investigated to ensure that it doesn’t affect the structural integrity of the building.  Damp can equal water which in turn can lead to much bigger more expensive matters.

              I believe it is fine for members of the EC to have a look at the problem.  But it is up to a professional to state the cause of the matter.  

              We had an owners claiming there was rising damp in his unit.  An expert determined that he owner didn’t maintain his property properly.  He suggested some basic housekeeping to correct the problem.  But at least it wasn’t anything major! 

               

              #19105
              kiwipaul
              Flatchatter

                I believe it is the OC responsibility to organize an inspection at the request of an owner

                Provided:

                That if the inspection finds no problem or problem is caused by owner he should be billed the cost of the inspection. This is to stop frivolous claims from owners for needless inspections and make owners responsible for their actions.

                If it is a real problem for the OC they pick up all the bills.

                 

                #19247
                HappyNow
                Flatchatter
                Chat-starter

                  Thank you. I accept they did not trespass as the tenant let them in.

                  I do not understand why this would be a sinking fund cost.  The other units in the complex (with water penetration) have had their unit fixed via the builders insurance cover.  The block of 4 units my apartment sits in are being treated differently.  They have obtained 4 x quotes ranging in price at $16K, $3K and $404 to repair water penetration in a common wall that runs down the middle of the 4 units.  The EC (and thereby the OC) have chosen the $3k solution but the cost is coming out of the sinking fund and not going through an insurance claim.  We have only been given 3 days notice to allow tradesman to go through the unit to the rear common property wall.  I have requested mediation from Dept Fair Trading to take place 2nd Sept. The EC (and OC) have recommended from a meeting that no one attend the mediation – neither the EC, owners or any representative.  I do not understand why they would recommend that when the water penetration is exactly the same as that experienced by the other units.  Am I going mad or is this a mad mad mad mad world we live in?  If they do not attend mediation, I will submit the issue to CTTT.  a) It should be an Insurance Claim.  b) How do we know the solution being offered for $3K will actually work?  There is a big differentiation between the 3 quotes obtained.  If I dont allow access to the common property through the unit what other recourse can they take?  Why can’t we wait for their ‘solution’ until after the mediation date has passed?  It is all very up in the air and just does not seem right to me.  Other owners are paying out of their levies for our 4 units to be repaired.  Thats just not right. 

                  Hi Slap Shot,

                  On what basis are you requesting the owners corporation to lodge an insurance claim? The Owners Corporations insurer are unlikely to get involved unless there has been any damage caused to common property. They will then only pay for the repair of damaged common property once they are certain that the cause has been rectified (evidenced by a tradesman’s invoice etc.).

                  The core of the issue you need to get to the bottom of is what is causing the excess moisture which may be caused by a raft of problems (not all of which will be the owners corporations responsibility to repair).

                  It is not uncommon for executive committees to want to inspect an issue prior to authorising the strata manager to engage a contractor in order to keep a check on expenditure incurred by the SM on their behalf  (as can be witnessed by many concerned posts on this forum).

                  Now, if the EC members who made a visual inspection could not see a visible problem, I would recommend arranging for your own inspection of your unit. Once you have a professional opinion on whether there is: 1) a problem existing, and 2)what is the cause and solution to this problem; you will be in a very strong position to demand the owners corporation to rectify (if appropriate).

                  If the repairs and/or damage turn out to be claimable under the owners corporation’s insurance policy, then the strata manager should lodge a claim on behalf of the owners.

                  Please be aware that the most common cause of damp problems in apartments are the result of poor ventilation – especially in older buildings.

                  – See more at: http://www.flatchat.com.au/forum/executive-committees/is-this-tresspass-by-the-executive-committee/#sthash.nXDgNsBe.dpuf

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