Mould damage to lot owners furniture

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  • 16/03/2014 at 11:25 am #9406
    Verago

      I have significant mould damage to my furniture and my carpet in my lot.  I am the owner on the ground floor of the duplex scheme and have a timber floor.  The mould is caused by continual water ingress under my lot over a period of five years into the common property sub floor with the resulting   dampness coming up through the timber floor into my lot. The CTTT ordered the OC to rectify the water ingress.  They ordered that a special levy be raised. They also ordered that mould remediation be undertaken in my lot.  The problem is that because of the time it has taken to obtain the order from the CTTT and the time it has taken to obtain the money from the other lot owner, the mould has damaged the furniture by eating into the grain of the wood.  It is quality mahogany furniture and there is white spots all over the furniture and in the grain.  It will not come out. Cry The mould remediator has advised that the furniture will have to be taken away, fumigated and then restored.  The remediator has also told us that the carpet has mould.  It will have to be taken up and replaced.  This is going to be very expensive.  At the moment by order of the CTTT, the duplex strata scheme has a compulsory strata manager who has been ordered to undertake all the orders.  My question is; who pays for the cost of restoring my furniture and the replacement of my carpets?  

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    • 16/03/2014 at 7:18 pm #21192
      kiwipaul
      Flatchatter

        The damage has been caused by the failure of the strata to act in a timely manner so I don’t believe the insurance (strata or contents) will be liable so the cost falls on the strata (ie both of you).

        Get a quote for the cost to fix all the damage and then give to SM and ask him to raise the funds from a one off levy on you both. If the other owner refuses to pay the SM takes him to court to recover the debt and the cost of recovering the debt.

        16/03/2014 at 9:27 pm #21197
        Jimmy-T
        Keymaster

          @kiwipaul said:
          The damage has been caused by the failure of the strata to act in a timely manner so I don’t believe the insurance (strata or contents) will be liable so the cost falls on the strata (ie both of you).

          I wouldn’t be so quick to flick the idea of claiming on insurance. It depends on the policy and it depends on the insurer.

          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.
          17/03/2014 at 8:59 am #21200
          Verago

            KiwiPaul – thank you for your advice.  I will get a quote.  I have looked at my home and contents insurance with the NRMA and it says that the home must be “water tight” so I am not optimist.

            This is a problem in strata units – particularly two unit schemes where the financial burden falls on just two owners.  I should not have to bear any of the cost of the damage to my furniture/carpets at all.

            There is a problem with law in instances such as this.  The other owner, who voted down all my motions to repair the water ingress problem over a period of three years, despite my submitting an expert mould report prepared under the Expert Witness Code of Practice to the OC has contributed to the long delays.  He should be liable.

             

             

             

            17/03/2014 at 9:40 am #21201
            Jimmy-T
            Keymaster

              Do you actually have building insurance? In NSW lots of two are allowed to NOT have  strata insurance if they so desire.

              Working on the assumption that relations with your neighbour have broken down irretrievably, if you have proof that the other owner blocked the necessary work which was later ordered by the CTTT you could send him a bill for the restoration work and then pursue it through small claims at a Magistrates Court.

              Just because you live in strata doesn’t mean you can only go through the strata processes to claim reparation for someone else’s behaviour.

              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.
              17/03/2014 at 10:44 am #21202
              Verago

                Yes, I do have the proof the minutes of meetings and the Adjudicator’s comments in his decision that the other owner said our expert reports were biased and should not be given any weight.

                Yes, the strata scheme does have building insurance because we are a three story duplex scheme.  Perhaps I could ask the SM to have a look at the policy?

                The other lot owner suddenly moved out when he was being pursued by the SM for his share of the large five figure sum special levy. It took six months, but the SM finally got the money.  The lot owner is now renting out his unit. 

                My other issue is the cost of the expert reports that I paid for including a large technical report and scope of works prepared under the Expert Witness Code of Practice, that I submitted to the CTTT.  The CTTT ordered that those reports and the recommendations contained therein be accepted and the work undertaken according to their specifications.  This cost has amounted to a large four figure sum.  Before our SM became a s.162 compulsory appointment (on my application), I put a motion on the agenda of a general meeting that I be reimbursed for the cost of these reports according to my share of UE’s, only to be voted down by the other owner.

                All in all, I am financially very much out of pocket.  The cost of the reports, my share of the five figure special levy and now the damage to my belongings.

                Thank you Jimmy, I will take your advice and have to look at the cost of pursuing the owner in the small claims court. 

                 

                 

                 

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