Flat Chat Strata Forum Common Property Current Page

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  • #8967
    HappyNow
    Flatchatter

      I have damp in my apartment.  The common property wall running the length of the building sits with the damp earth outside beside it.  It runs along my lounge, study and Bedroom 1 wall.  My agent has requested an assessor be sent from the Owners Corporation Insurance to both the Strata Manager and Executive Committee.  The Strata Manager is waiting direction from the Executive Committee.  A report has been received from a waterproofing company saying there is damp in the wall which should be monitored and to repair the outside common wall between my apartment and next doors plus the two apartments upstairs will be $16K + .  One report I have not been sent and the third report says they can drill a hole in the common property wall for $400 which will ‘fix the problem’.  I’m not sure what insurance that company has in place and the owners seems to be a mate of the ex Chairman.  I requested my insurer inspect the property and have paid $100.  They have sent an email saying they request a letter from the Strata Insurer on their letterhead stating they will not be repairing the internal wall (the one running the length of the building).  The Executive Committee is not giving a directive to the Strata Manager to involve the Owners Corporation Insurance company.  What do I do now?  I loathe the thought of some $2 paid up company drilling any holes on my side of the common property external wall between the apartments AND dont know how to get the Executive Committee to involve the Owners Corporation Insurance.  I am paying for this insurance through my levies.  What right do these people have and what rights do I have.  I have requested Fair Trading mediation and paid the fee. I am still waiting on a date to be confirmed.  What other legal redress do I have?

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    • #19149
      kiwipaul
      Flatchatter

        I don’t see this being a strata building insurance issue at all, but check your product disclosure statement from the insurance co (it’s downloadable from their web site).

        It’s a straight forward damp issue which is the strata’s problem and they would use sinking funds to pay for the repair.

        If you get no joy from the EC get a quote yourself for the cost of the repairs and then submit a motion to the SM to get the repairs done based on your quote (paid for by the Strata). Invite the Strata to also obtain a second quote and the the OC would then vote on which quote to accept.

        If they refuse to accept responsibility you will have to take it to CTTT but it should just be a formality to obtain a ruling in your favor.

        #19160
        Sir Humphrey
        Strataguru

          It sounds to me as if either of the following two things has occurred:

          1) There was a defect in the original construction resulting the damp problem. Perhaps the damp course was not done properly or subsoil drainage was not provided.

          2) Something has been done on the common property subsequent to construction that has caused the problem. Perhaps the soil level has been built up higher than the original waterproofing.

          Either way it seems the owners corporation should take the advice of a building engineer to identify the cause and to recommend the best way to fix it. Then it is an owners corporation expense. An appropriate thing to spend money from the sinking fund on or to have a special levy or to take a loan. 

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        Flat Chat Strata Forum Common Property Current Page