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Some of our Owner Corporation issues have been ongoing for over 10 years. For example, one of our insurance company requirements was to have the upstairs hot water tanks inspected after 5 years and replaced after 10 and have drip trays with shut-off valves installed so that in the event of leakage, those on the ground floor won’t be affected. This never happened and the Owners Corporation management company repeatedly ignores this issue.
Over 10 years ago a new boundary fence was positioned incorrectly. The fencer couldn’t be bothered to remove the original lump of concrete that secured a fence post, so he built around it. This has resulted in a smaller wheelie-bin area so we can’t fit our allocated number of bins into the enclosed garbage bin area.Both these 2 issues are today’s issues. Does the Statute of Limitations mean that everything has to be forgotten about due to time? Consumer Affairs have not taken interest (working from home). Can VCAT/Small Claims Tribunal deal with this and if so, in what way?
Thanks.
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There is no statute of limitations on this sort of thing, they are ongoing issues.
In respect of the failure in relation to hot water tank inspection and maintenance, this is serious. If the insurance company required the owners corporation to do those things, if something happens it is likely the insurance company can refuse the claim. I would be writing a very serious letter to the Committee and the management company, so it is on record. One option is to say if you do not take the steps required by the insurance company we will hold you liable.
Sections 46 of the Victorian Owners Corporation Act requires the owners corp to maintain and repair common property. Section 47 requires it to maintain access for services such as garbage collection. (Both sections below).
I’m not entirely sure how you would raise an official complaint about the owners corp, the complaint form seems to be directed at individuals. And VCAT won’t consider a personal complaint about breaches of by-laws until it has been through your internal dispute resolution process
However, it may be that this is another process entirely and you can take it straight to VCAT. The easiest way to find out is by calling one of the advice and support numbers on this VCAT factsheet.
46 Owners corporation to repair and maintain common property
An owners corporation must repair and maintain—
(a) the common property; and
(b) the chattels, fixtures, fittings and services related to the common property or its enjoyment.
47 Owners corporation must repair and maintain services
(1) An owners corporation must repair and maintain a service in or relating to a lot that is for the benefit of more than one lot and the common property.
(2) An owners corporation may, at the request and expense of a lot owner, repair and maintain a service in or relating to a lot if it is impracticable for the lot owner to repair or maintain that service.
(3) In this section—
service includes a service for which an easement or right is implied over the land affected by the owners corporation or for the benefit of each lot and any common property by section 12(2) of the Subdivision Act 1988.
Note
The easements or rights that may be implied under section 12(2) of the Subdivision Act 1988 are those necessary to provide—
· support, shelter or protection;
· passage or provision of water, sewerage, drainage, gas, electricity, garbage, air or any other service of whatever nature (including telephone, radio, television and data transmission);
· rights of way;
· full, free and uninterrupted access to and use of light for windows, doors or other openings;
· maintenance of overhanging eaves.
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.
You can forward the link but not the reviews. And there is a “Send a message” link on the left but if you require direct assistance you’d be better to approach Consumer Affairs Victoria or an experienced strata lawyer who operates in Victoria.
I have neither the time, the qualifications nor the professional indemnity insurance to offer legal advice. I suspect ScotlandX may be in a similar situation.
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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