• This topic has 6 replies, 4 voices, and was last updated 7 months ago by .
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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! 😏

    Viewing 6 replies - 1 through 6 (of 6 total)
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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.

         

        #69225
        Pancho
        Flatchatter

          Would be interested to know how you got on with your leak as I have pretty much the identical situation.

          Cheers, Pancho

           

          #69232
          Jimmy-T
          Keymaster

            The original post was in March last year so don’t be holding your breath waiting for a reply. Also, you have raised your issue in another thread.  Please pick a lane and stay in it.

            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.
            • This reply was modified 8 months ago by .
            #69654
            Pancho
            Flatchatter

              Your rude response is not helpful nor appreciated.

              #69655
              Pancho
              Flatchatter

                Hi again JimmyT, I appreciate that you wrote feedback and assisted with my problem. As this is a forum, surely  asking a question to another person with a similar problem is appropriate. I agree that it’s unlikely this person will respond after so long, but it’s worth a shot. Another person posted a different question in my thread, and was not chastised for this. Thanks for reading.

                #69658
                Jimmy-T
                Keymaster

                  Another person posted a different question in my thread, and was not chastised for this.

                  It was a related matter.  You were “chastised” for asking the same question in two threads which is not acceptable. Meanwhile, you have had free advice from me and, more importantly, the President of Strata Community Association (Vic). I think you are doing OK, overall.

                  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.
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