Flat Chat Strata Forum Common Property Current Page

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  • #8381

    EmbarassedHi I am new to this forum, and am looking for advice in dealing with a problem caused by a neighbouring townhouse development held in strata title.

    Raw sewage, foecal matter, liquid and paper, regularly floods the driveway of the townhouses  adjacent my home, less than 2 metres from my front door. Its a serious PUBLIC HEALTH and SAFETY CONCERN.   Roots from trees in the nature strip are choking the sewer connection to the sewer main. I have complained to the local council and to the Strata Manager but nothing has been done to rectify the cause of the problem. On each occasion of surcharge, and only after my complaint, the blockage is cleared and the mess cleaned up, but this process usually takes a couple of days. Who is responsible for the cost of the necessary repair work? (the choke points are outside the townhouse site boundary) What are my options in having this problem solved? Frown  

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  • #16475
    Whale
    Flatchatter

      It’s difficult to say who’s responsible solely on the basis of your description, but generally speaking the sewer line that connects the Lots to the communal sewerage system is Common Property, and the responsibility of the Owners Corporation (Strata). That conclusion is supported by the by the fact that the Strata Manager is arranging for the problem to be rectified whenever you make contact.

      There could be a number of reasons for the Strata Manager’s lack of action in attending to the repairs of the sewer line, like perhaps they’re waiting for the Plan’s Executive Committee to make a decision, or maybe the Owners Corporation is short of funds.

      None of that addresses your concerns though, so why not write to the Strata Manager advising that on the next occasion a surcharge occurs, you will make contact the local media. Personally I dislike that approach, but as you’ve tried everything else ….

         

      #16485
      rthorburn
      Flatchatter

        Hi Willard,

         

        I’d suggest also making a complaint to Sydney Water as they have the authority for sewerage matters.  They won’t fix it in this case as I agree it is very likley the owners responsibility, but they might be able to issue some form of ‘notice to comply’ on the owners.

        For your information, the owners have responsibility for their pipe all the way to the connection to the main in the street.  This responsibility is often misunderstood by owners and there is a misconception that it becomes Sydney Water responsibility when it leave the owners property.

        Good Luck,

        Rob T

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