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Topic
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Hi there I own a townhouse strata property which is having multiple Water damage issues rectified by the OC. This involves much internall paint repairs. I also have a storm water run off drainpipe leaking into my courtyard with the stormwater drain being blocked by tree roots which is causing my courtyard tiles to crack and elevate and water to flood over the courtyard. It’s all original with strata paying for the builder to dig up my courtyard to access the stormwater pipe, remove the tree roots and repair courtyard tile. Who is responsible for dismantling and paying for storage of my courtyard furniture. I’m also going to have to make temporary arrangements for my dog to live away from home for up two weeks due to the courtyard being inaccessible and the noise from the works. Is the OC responsible for these temporary storage costs / Temp rehousing of the dog or is the owner ?
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VYou sound to me like one of those owners who thinks that the Owners Corporation is some entity that’s separate to and remote from them, who has this bucket of money that you have the right to access for every conceivable expense that relates, however remotely to your property.
The facts are that YOU are part of that entity, and YOU together with all other Owners contribute funds to that bucket of money that you now want to dip into in order to store your courtyard furniture and to mind your dog.
You’re kidding right?
Be thankful that your Owners Corporation is attending to the problems that you’ve mentioned after what appears to be a very liberal interpretation of who’s responsible for the works.
Completely agree with Whales comments. Sometimes you have to suck it up and move on with life. You are very lucky your Owners Corp took steps to fix this problem, in many other schemes this wouldn’t be the case where owners would have to pursue their Owners Corp for an order through the tribunal to get the work done.
There are no provisions in the current Strata laws that allow an owner to recover such compensation. Your claim would most probably lie outside of the scope of the Strata Act. Hence you would have to seek independent legal advice (yes spend thousands on a solicitor and make them rich) to recover a measly sum of money you may feel your owed.
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