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Topic
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There is a crack in an external common property expansion joint that is causing water to leak into my unit. It may require an abseiler to do the job as it is on level five.
The Strata Manager has said they can’t find anyone to fix it and the Strata Committee emailed saying they will do nothing about finding someone to fix it. They say it’s up to me to find someone.
Is this appropriate behaviour from both the SM and the SC?
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Replies
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Hi Ziggy
They have to fix it.
Strata Schemes Management Act 2015
106 Duty of owners corporation to maintain and repair property
(1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
The only way they don;’t is if they resolve to by special resolution and it can’t effect the safety of the property. A leak would effect the common property.
Are they just holding off because it will be expensive?
They have to fix it. They’re in breach if they don’t. Has it been more than 2 months since you asked?
You could get orders from NCAT. That could be longish and painful and in mean time you still have your problem and water getting in.
Or just get a quote, send it to them, and add it to your list as evidence.
I’m pretty sure that not maintaining the building can also invalidate insurance.
I’m pretty sure that not maintaining the building can also invalidate insurance.
I’m not.
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.
The insurance policy for my building specifies in the fine print that if issues are the result of things not having been maintained, eg. An ongoing unfixed shower membrane leak causing ensuing structural damage, it can’t be claimed under our policy.
Yes, I should have said check your insurance policy to see if this is the case.
To be fair, I think the distinction is that not maintaining common property to the extent that it undermines the structural integrity of common property would put a question mark over insurance cover. But maintenance of common property has a wide variety of meanings covering myriad situations.
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.
Ziggy
As spmaster noted they do need to fix it. You haven’t mentioned how old the building is and if its still under warranty, I assume it isn’t as I’m sure that would have been the SM & SC’s initial course of action but just flagging if you haven’t investigated that avenue already.
I don’t think it’s a reasonable expectation that you undertake rectifications of CP. However in saying that I know that I’d get the ball rolling. I’d suggest you try a reputable strata remedial consultancy. You could ask on OCN for recommendations if you need any.
I wouldn’t engage them, just ascertain if they’re able to inspect, organise & supervise destructive investigation and rectifications. Get a quote from them which will only be the initial inspecition and provide that to the powers that be and ask them to provide a work order.
If it does get to NCAT, I’d suggest you ask prior for the current copy of the Compliance Certificate for your rooftop anchor points and static lines. As if abseiling is required to rectify the SP needs to be compliant and you don’t want yet another obstacle in your way delaying things.
Good luck!
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