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When my video intercom required repair after the monitor no picture and ring tone. The technician came to check at the first time, unfortunately it wasn’t fixed it, then another contractor’s technician to further investigate the problems and finally replace the new. He explained that it is too old and cannot to fix. After the strata paid all of the amount to the contractors.
The point is at the EGM yesterday, the motion resolved that OC issue invoice to me reimburse the amount for the intercom replacement.
-Is that right at owner expense?
– I thought strata manger mismanagement because he not mentioned about at my own expenses and won’t provide quotation to me. He apparently did nothing since I require to repair it.What should I do ???
Thanks
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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.
Hello Toffie
The strata manager has not handled this well. From reading your post, I assume that English is not your first language. The strata manager should take the time to explain the situation clearly. Would it help to get a friend to talk to the strata manager on your behalf?
If you are in NSW, the law is the Strata Schemes Management Act 2015. Section 107 COMMON PROPERTY MEMORANDUM helped me answer your question.
The common property memorandum is a list of what is your responsibility (as owner) and what is the owners corporation (strata) responsibility.
For intercom systems: If the unit is inside your lot and the wiring / unit only services one lot, then it is YOUR responsibility to pay for it.
If the unit services more than one lot, it is the owners corporation’s responsibility. For example, the unit outside the building, which everyone uses, is the owners corporation’s responsibility.
The strata manager should have told you this BEFORE sending someone to fix it. They should have said “you have to pay for the cost of fixing or replacing it.”
Did you send emails and SMS messages to the strata manager? Did you write something to say that you would pay for it? I don’t know if merely asking the strata manager to send someone to your home is the same as consenting to paying for the work.
The strata manager may threaten to charge interest on the outstanding amount if you don’t reimburse them now. I don’t believe they are allowed to do this unless they go to court first. A lawyer could answer that question.
You should talk to a strata lawyer. Just be aware that lawyers cost money. The lawyer might cost more than the new intercom.
You should at least arrange for mediation. Mediation is free.
I thought strata manger mismanagement because he not mentioned about at my own expenses and won’t provide quotation to me. He apparently did nothing since I require to repair it.
Two points, you would have to have had the device repaired anyway so the fact that the strata manager didn’t tell you it would cost is not a huge issue. Would you have decided not to have it repaired if you had known?
Also the fact that the SM’s appointed techie couldn’t do it is not really an issue unless the SM charged you for the first visit.
I’m inclined to think about the strata residents who can’t even get their strata managers to answer the phone. In fact, was it the strata manager or the building manager – two very different positions?
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.
I have a different view on this, as the intercom will service multiple lots and I consider it the OC’s responsibility to provide a working doorbell / intercom to my apartment. Likewise the wiring is generally run within the common spaces of the building so again not technically a lots responsibility. Additionally you get no choice on the brand or features of the equipment as it needs to work with the OC’s system. Finally you have a right to be able to have emergency services attend your apartment, a non-functioning intercom is a significant safety hazard.
We had many issues with our intercom and the OC repaired / replaced it several times at no charge to ourselves. Ultimately the OC replaced the whole system and lots just paid their share of the system cost via levies based on UE.
That said, if an owner to tenant intentionally broke their intercom then I would certainly want to see it billed to them.
Its not like you can simply install a wireless doorbell on the front gate….
I share StuMcl’s views, where the intercom is not entirely located in the poster’s unit. This issue arose in our Class B development following damage from a lightening strike. The process of resolving and repairing the damage took some time and got a little messy along the way, but ultimately it is being treated as an OC expense for the reasons that StuMcl outlined.
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