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Topic
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Essential remedial works are needed on a wall of my building. The works are to address rising damp in my apartment and require some significant disruption. In order to access the wall in question the kitchen in my apartment needs to be removed.
The contractor has provided 2 quotes, one with the option of simply removing the kitchen and dumping it, and the second option is to remove it and then reinstall it after the works have been carried out. The second option is significantly more expensive.
My question – If we go with the option of removing and dumping the kitchen, am I within my rights to request some financial contribution from the strata fund to replace the kitchen? This would be cheaper than option 2. Is this a reasonable request? I’m happy to wear the majority of the cost for a new kitchen, but feel there should be some assistance from the strata fund.
It should be noted that I am the Chair of the committee.
I am in NSW and the block is small, 14 units
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Others will no doubt cite laws and rulings, but you do appear — at the minimum — to have a moral claim for a ‘like-for-like’ restitution, having regard to the market level of the original kitchen. It could get messy if you have recently lashed out on a major upgrade. There does seem to be a case for mediation, for your own protection, so that any payment from the sinking fund can be seen to have been determined objectively on the facts, and at arm’s length.
groundfloor – this may appear to be a stupid question, but who’s commissioning the works; you or your Owners Corporation, and what caused the rising damp?
groundfloor – thanks for the clarification, it’s just that your wording had me a little confused.
There’s no doubt that the Owners Corporation (O/C) is responsible for making-good all damage that it causes (even necessarily) to its property in the process of repairing and/or maintaining that property.
Unfortunately, custom and practice doesn’t automatically extend that responsibility to private property, so in some Schemes (not ours) the O/C will go to literal extremes by dismantling part of a wall to access something like a common service, patch the wall, and then only paint the patched area.
Frankly, in your situation it depends on your O/C’s approach, but as it has to involve private property in order to access its property, it would be prudent in my opinion for it to dismantle your kitchen only to the extent necessary for it to then repair/maintain its property, and to then re-assemble it.
However, if that’s impractical from any perspective (incl. $) or unacceptable to you, behaving reasonably, then you would be within your rights to request some monetary recompense – perhaps equivalent to say 90% of whatever the contractor has quoted to dismantle and rebuild your kitchen.
I’m only suggesting 90% as you’re the Chair of the E/C and are possibly expected (and even inclined) to be overly reasonable; that’s up to you of course!
It seems that one of the issues here is dismantling and reassembling the kitchen is going to cost a great deal more than just putting in a new kitchen, and you would be entitled to reassembly – you can’t not have a kitchen.
In the circumstances I would suggest reaching a compromise and saying a new kitchen will cost less, I will accept $ of an appropriate percentage toward that new kitchen – that way you are saving them money in two respects.
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