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My OC have requested to remove magnesite from my apartment, after I advised them I have it. They are paying for the costs to remove. The Bylaw states that they must do this in a reasonable timeframe. So far it’s been 6 weeks and nothing happening. What can I do? What would be classed reasonable?
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As with so many things in strata, the word “reasonable” is not defined. However, Section 232(2) provides something of a guide in that it says if you haven’t received an answer from your owners corp to a request for action within two months, then they have effectively said “no”.
How does this apply in this case? It’s an indication of what might be considered reasonable. In the meantime, you can ask what steps have been taken.
If the strata committee or strata manager haven’t contacted contractors and asked for quotes for the work, then it’s “reasonable” to assume they have done nothing and you might want to consider initiating mediation at Fair Trading with a view to taking further action at NCAT if need be.
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.
To be reasonable you need to have reasons. They don’t need to make sense but they need be offered. A simple Yes, or No, doesn’t give depth to your thought or a chance to respond, understand or counter. You see business proposals assessed as fair and reasonable, or unfair but reasonable all the time. Both need reasons to suggest or establish such.
Just my 2cents…you write that you engaged a lawyer. In my experience if one hires a lawyer, he/she must be focused on strata law and not be a “general” or “suburban” lawyer.
I see that this website is sponsored by a strata law firm. If you’re sure you want a lawyer, why not seek their advice?
I’d be pretty sure someone’s insurance, your’s or the body corporate’s, would be covering your costs should your place not be habitable? Surely.
As to what makes a reasonable timeframe it might help to consider the recommended response times for a Qld apartment mangers group. Basically: if it’s urgent or dangerous it’s done in a day, and if it’s something they agree to get on with (and not delay or revisit another time) it should be done within 6 weeks. That get’s things done in a timely way, keeps some urgency about it, and saves talking about it for way too long.
I don’t think either strata insurance or home and contents insurance will cover defects or the consequences of their rectification unless there was accidental damage. Could be wrong, though.
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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