Old lift

Ziggy – Yes. The OC has an obligation to repair and maintain the lift.

Can you tell us the exact wording of the AGM Motion where the repairs of the lift were refused? Who raised the Motion? Was any explanatory material included with the Motion?

Industry best practice is for the OC to obtain an independent compliance and equipment assessment report every 5 years from a lift consultant. Has your OC had a report done recently on the lift? If not then you should raise this at your next committee meeting, and have the committee approve the obtaining of a report. The cost of a report should be well within the committee spending limit and should not need to be approved at a general meeting.

The findings and recommendations in the report will then be able to assist your OC in deciding what to do next.

As you are the only person on the SC who lives in the building you can request that you be designated as the person responsible to report to the lift service provider when defects occur such as: when the lift does not level correctly at floor level; lack of smoothness of operations; unusual behaviours such as stopping in mid flight; and noisy and violent door operations etc. These are all indicators of problems with the lift.

Current legislation states that a 10 Year Capital Works Fund Plan must be be place and must be amended and adjusted each year. CWFPs need to be approved annually at the AGM. Lift repair and replacement should be included in this Plan. Does your strata scheme have a CWFP and what does it say about lift repairs and/or replacement?

Lift life expectancy is dependent on (1) age, (2) maintenance, and (3) usage.

Below is a small sample (from various sources) of the frequently made commentary on the life expectancy of a lift. I live in a 1970s building with an old lift. Some of the comments are sobering: 

How long elevator equipment should last
“A common rule of thumb in the industry is an elevator older than 20 years is a probable candidate for modernization.” 

“Equipment from the 1970s generally had a life span of 25-30 years and lifts from the 60s even longer.”

“The refurbishment of a robust lift may even give you 25-30 years’ service with the potential to refurbish again after that time.”

“After 20 to 25 years of service elevators will reach the end of their cost effective lives.  During this period the building may experience decreasing performance along with a increase in service calls. These indicators are clear signs of potential problems and slipping reliability.”

“Remember, it is better to plan for major works to the lift, rather than fire fight as components fail.”

“An independent survey report is the most cost effective way to check on the current condition, future life span and potential expenditure over the short, medium or long term.” 

Ziggy – This is my opinion …… Your Motion was probably not specific enough and was probably not adequately professionally justified enough, perhaps that’s why it failed.

These types of costly projects probably require a more measured approach. 

Your OC appears to have attempted a rather ‘scatter gun’ approach to the issue – would the lift function better with a new controlling mechanism or does the whole thing need replacing??? It all seems rather confusing. Have your owners been sufficiently informed enough of the best options to make this assessment?

Also, your OC has not appeared to have followed through in obtaining the sufficient number of quotes for any of the types of works – either refurbishment or replacement. 

Are you on the Committee? If you are then if I was you I would raise a Motion at the next Committee meeting to commission an independent survey of the lift  to be undertaken by a Lift Consultant.

Your Motion should specify that the lift be surveyed and a Report be written and received by the OC within 4 weeks.

Your Motion should specify that the Survey Report from the qualified Lift Consultant will do the following:

• Assess the condition of the lift.
• Assess the life span of the lift.
• Outline the expected expenditure over the short, medium, and long term. NB: These costs will need to be factored into your scheme’s 10 Year Capital Works Plan.
• Analyse the lift requirements of the building.
• Specify a replacement or refurbishment to give the maximum value allowed within the budgetary constraints of your strata scheme.
• Suggest cost outlays for each option.
• Provide specifications for the works.
• Offer guidance on which course of action to take.
• If recommending refurbishment over replacement will highlight key areas to address to ensure the lift does not fail through neglect.

When the specifications are clear in intent, the correct pricing from the lift contractors can be achieved, which results in savings for the residents in the long run. 

NB: An email recommendation from a lift consultant (as per (3) is probably not sufficient).

If a need for replacement or refurbishment is identified then the committee should adopt the recommendations in the Report, and recommend the implementation of the findings in the Report to the owners.

Then, send the report to all owners. Have an informal meeting of the owners to discuss the report if necessary. This will ensure that all owners are informed of the need for the works. The plans for the lift works need to be clearly identified and explained to the owners e.g. explaining why the works are to be undertaken and what they are planning to achieve, outlining the budget costs and timescales for the works.

The correct level of information to owners is critical at this stage to ensure the project is well received and can be accepted by all. Often major works cost substantial sums of money, which can be an emotive subject, but well produced evidence and plans can ensure the reason for the works is clearly demonstrated. 

In the meantime obtain at least 2 quotes based on the specifications outlined in the Report by the Lift Consultant. Then present the Motion with the quotes to a General Meeting as a Motion with Alternatives.

If the refurbishment or replacement fails at this point then you have a trigger to go to NCAT. Your owners would be failing to act on a problem that has been identified in a professional report. 

When your OC has approved one of the quotes then the work can begin. Try and negotiate a longer warranty period for the lift and/or parts if possible.

I would recommend employing the services of the independent lift consultant to oversee the work of the lift contractor if you are undertaking a full replacement to ensure all works are in accordance with expectations. 

@Ziggy said:
… all the reports in the world, will not persuade them.  

As has been stated many times already – you don’t need to convince the committee, you need to convince the Tribunal (and if what you say is true, you have all the evidence you need).

Apply for mediation, then move to orders at NCAT, even if it is just to compel the committee to seek an expert report and three quotes for the necessary repairs.

It would certainly be worth talking to a lawyer, including asking them what your chances of recouping some of the costs are.  But make sure it’s anexperienced strata lawyer.

Having said that, the tribunal encourages owners to appear themselves and leave lawyers out of it, where possible.  But I would say yes, especially if you can find one who has successfully run a case of this general nature.

@Ziggy said:
Thanks Jimmy. Am I allowed to say on this site who the lawyers are that have lined up? They featured in a story you ran… 

I don’t see the point, really.  Wait till you get a positive result.

PS do you ever get sick of this job?  

I like to think I’m helping people who have nowhere else to turn.  And I get a buzz out of making a difference (like getting legislation changed).

But little things get to me – like people who write their whole issue out as a headline. 

At the other extreme, there are those who go into the section, say, on Common Property and create the headline “common property” or “problem” or “strata”.  Yeah, we know – we need something specific.

Oh, and I get the irrits when people write “I complained to the strata …” meaning what? Who?  It’s forgivable in newbies – we’ve all been there – but I once kicked someone off the site who purported to be an expert but, despite several polite requests,  used that phrase for everyone from the strata committee to the building manager. Lazy and misleading!

I get irritated by people who go all “Rumpole of the Bailey” (sorry, that should be “Good Wife” for our younger readers), arguing their point interminably, choosing bits of the law that support their argument and ignoring the bits that don’t.  Really, what’s the point?

And I get a wee bit frustrated with people who say they want advice on what to do but what they really want is someone to fight their battles for them.  As a result, Flatchatters’ good and well-researched advice goes unheeded.

But I have to say, I enjoy this most of the time although if it weren’t for my loyal, smart and committed Stratagurus – Sir Humphrey, Lady Penelope and ScotlandX – I could not do this every day.