Flat Chat Strata Forum Common Property Current Page

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  • #11605

    Hi

    Hoping to get advice.

    Scenario is a strata of about 22 villas in Sydney (NSW).

    Long running problems of lack of roof maintenance resulting in water leaks – my own unit suffering water ingress on 5 separate occasions over the last 5 years.

    Most recent incident as a result of common property tree losing leaves onto roof and the roof only being cleaned annually or thereabouts.

    Point of the story is that AGM of 3 years ago recorded that “6 monthly cleaning of roof would be undertaken”. Clearly that’s not happening, so how do I pin the committe for having failed to maintain the place, in the hope of recouping $1000 in various insurance excesses that I’ve had to pay…..

    Many thanks,

    Mike

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  • #29311
    Jimmy-T
    Keymaster

      In very simple terms, you commence action through Fair Trading by asking for mediation with the committee.  If that fails – and by that, I mean, if the committee doesn’t agree to start the work withing a certain time – you take the issue to NCAT seeking orders under section 232 (below).

      More often than not, a threat to pursue orders and evidence of a determination to do so, by seeking mediation, will do the trick. 

      232   Orders to settle disputes or rectify complaints (part)

       

      (1) Orders relating to complaints and disputes

      The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following:

      (a)  the operation, administration or management of a strata scheme under this Act,

      (b)  an agreement authorised or required to be entered into under this Act,

      (c)  an agreement appointing a strata managing agent or a building manager,

      (d)  an agreement between the owners corporation and an owner, mortgagee or covenant chargee of a lot in a strata scheme that relates to the scheme or a matter arising under the scheme,

      (e)  an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a strata scheme,

      (f)  an exercise of, or failure to exercise, a function conferred or imposed on an owners corporation under any other Act.

      (2) Failure to exercise a function

      For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:

      (a)  it decides not to exercise the function, or

      (b)  application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.

      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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