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In our block of 15 units, one lot had twice work carried out on their plumbing which came to a tidy sum.
The previous strata manager (there is a reason why they are no longer there) told the owner it was common property and the OC paid the bill. There was some consultation with the committee but the SM overrode them.
Following the appointment of a new strata manager, we audited the books and determined that this plumbing work was actually owners responsibility. The costs were incurred in the last year.
We informed the owner but as can be expected they are in disagreement with the SM and committee. We are 100% sure that its the owners costs.
The question I pose is, do we go to NCAT to get an order for the owner to pay the money back (to the OC) or do we go to Local Court (Small Claims) for an order?
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I think you may have an uphill battle on your hands.
Seems like your beef is really with the previous strata manager who approved the plumbing works, not the owner.
Send the owner a bill for the repairs wrongly paid by the owners corporation.
If (when) they refuse to pay, take them to the small claims court on the grounds that the strata manager knew the owners corporation was not liable for the payments but went ahead and allowed the work in any case.
You are not seeking penalties – just for people to pay what they owe due to an error
Meanwhile, report the strata manager to Fair Trading, just for the Hell of it (they won’t do anything because they never do … ever!)
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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