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  • #64363
    Saladmushroom
    Flatchatter

    I’ve been living in this ground floor unit in NSW for 8 years.  Recently found some bits of render alongside the edge come off my balcony and requested for a repair.  OC replied was rude and personal, they said I have neglected the responsibility as owner to clean up the debris on the balcony top letting water to penetrate into the concrete slab over the years and said a water proof coating should have been applied to prevent this happen.  I’ve explained the debris was due to natural cause which is strong winds and heavy rainfall.  At last,I told them will be happy to clean up the debris if that is an obstacle to carry out the repair. My question is if it is okay for me to accept the “negligent”  that they claimed and is it safe to share the cost for the repair if they refused to take full responsibility?

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  • #64371
    TrulEConcerned
    Flatchatter

    Step 1: Verify on the plans of the strata that the balcony is clearly marked as “common property” ie with thick black lines;

    Step 2: If you find it is “common property”, then

    (a) List all the problems you see with the concrete (render falling apart, paint peeling etc);

    (b) Take as many photos as you can;

    (c) Write a history of when you first saw the problem(s) and what you did about them;

    (d) Record what if anything the OC did when you approached them on the matter

    Step 3: Call NSW Fair Trading on 13 32 20

    (a) Tell them of the problem(s) and what you have done to address them;

    (b) Ask what sections of the Strata Act you can rely on to compel the OC to do its job;

    (c) Apply for Strata Mediation (a free service offered by NSW Fair Trading) between you and the OC where a Mediator attempts to arrive at an agreement between the parties. It is voluntary for the OC  to attend and any agreement is not binding but Mediation is needed to have been undertaken (successful or not) before you can apply to NCAT (the Tribunal). Mediation can be applied for online and takes under 10 mins to do.

    Best of luck.

     

     

    #64373
    Jimmy-T
    Keymaster

    Mediation is needed to have been undertaken (successful or not)

    All good apart from the bit quoted above.  Mediation needs to have been attempted.  If the other side doesn’t show, as is their right, then it hasn’t really been undertaken. Provided the plaintiff turns up, it can proceed to NCAT.

    #64374
    Saladmushroom
    Flatchatter
    Chat-starter

    Step 1: Verify on the plans of the strata that the balcony is clearly marked as “common property” ie with thick black lines;   

    I think it has been verified as common property as they said the debris been left with wet weather on the balcony top is a significant contributing factor to the current issues. 

    Step 2: If you find it is “common property”, then

    (a) List all the problems you see with the concrete (render falling apart, paint peeling etc);   

    Render falling apart was mentioned in my initially request but not the paint peeling.

    (b) Take as many photos as you can;

    Attached photos with the issue in my initially request

     

    (c) Write a history of when you first saw the problem(s) and what you did about them;

    I have only found out 2 weeks ago and sent them the request straight away. The first email they said they need to go thru the old copy of the strata plan as they mentioned something like the building is built 1965, Pre 1974 schemes

     

    (d) Record what if anything the OC did when you approached them on the matter

    OC tried to put the blame on me by not having regular maintenance and water proofing coating which is the cause of the damages

    Step 3: Call NSW Fair Trading on 13 32 20

    (a) Tell them of the problem(s) and what you have done to address them;

    (b) Ask what sections of the Strata Act you can rely on to compel the OC to do its job;

    (c) Apply for Strata Mediation (a free service offered by NSW Fair Trading) between you and the OC where a Mediator attempts to arrive at an agreement between the parties. It is voluntary for the OC  to attend and any agreement is not binding but Mediation is needed to have been undertaken (successful or not) before you can apply to NCAT (the Tribunal). Mediation can be applied for online and takes under 10 mins to do.

    #64376
    TrulEConcerned
    Flatchatter

    Jimmy you are indeed correct. The plaintiff (applicant) needs to have “attempted” Mediation ie applied for, received a hearing date and appeared in person or via phone/video (as Strata Mediation requires).

    After the Mediation session, the Mediator will send both parties a letter confirming what transpired ie both turned up; or one party did not and what if anything was agreed between the parties. In the absence of an agreement between the parties (that satisfies the applicant)  it is that letter that opens the door to allowing the plaintiff to apply to the Tribunal.

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