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Our apartment is suffering ongoing significant damage to all ceilings, due to failed waterproofing on deck of a Unit covering our entire apartment.
Strata committee was instructed to seek legal advice and negotiate in July 2019. We are continually being fobbed off. Cost of three mould cleans and 18 months of legal fees the Committee tell us they are waiting on owner of offending unit to sign agreement and the owner tells us they are waiting on the Committee. What can we do?
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There is a provision under the Act (Section 232 [2]) that allows you to seek orders from NCAT to compel the strata committee or owners corporation to take action when they have either refused or failed to do so.
Just initiating the mandatory mediation procedure at Fair Trading may be enough to get them to act with a bit more vigour.
You might also consider making a claim directly with your strata scheme’s insurer for compensation for any costs or loss caused by the water incursion.
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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