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  • #62073
    oneshells
    Flatchatter

    Hi all,

    Are there any apartment owners in Victoria that have experience taking a neighbouring owner to VCAT for a private dispute? I would love any advice you can give via dm if so.

    Long story short – my balcony roof has a leak and 2 x plumbers have confirmed source is upstairs balcony so he is liable. Even his Real Estate Agent representative said he is liable and being unreasonable so sent me the plumbers reports for my own evidence.

    Upstairs owner has responded by cutting off all communication as he doesn’t want to pay for any repairs. In the mean time damage gets worse which means it will just cost him more to fix. Owners Corporation aren’t responding to my emails. It is a private lot dispute hence OC don’t have to respond, I am just keeping them in the loop to cover all bases.

    I’m not pushy and happy to work with him on cost but after 2 years I’m over it.

    I’m unsure if I need a lawyer or can just lodge the issue with VCAT? I have emails, plumber reports and photos as evidence. I will take whichever option is the best chance of me getting it fixed.

    Would love to hear from anyone with a similar experience…

    Moral: Don’t buy an apartment if you aren’t prepared to be neighbourly and pay for damage bills you are liable for! 😏

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  • #62089
    Austman
    Flatchatter

    I’m unsure if I need a lawyer or can just lodge the issue with VCAT?

    For owner v owner disputes it’s less likely that VCAT will allow legal representation.  But that doesn’t mean you can’t consult a lawyer for advice.

    VCAT is unlikely to hear your case until you have formally at least tried to resolve it:

    https://www.consumer.vic.gov.au/housing/owners-corporations/complaint-handling-and-resolving-disputes

    CAV, a lawyer and sometimes VCAT itself can guide you through the process.

    It’s not a quick process but sometimes when the respondent realises they are soon to be taken to VCAT they can change their mind about ignoring the issue.

     

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