Flat Chat Strata Forum Common Property Current Page

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  • #9221
    ccgirl
    Flatchatter

      One of the units in our block has suffered damage to their floating wood floor from termites that entered from the common property.

      My understanding is that the owners corporation is responsible for the pest treatment to common property and inside the unit but are they also responsible for the damage to the floor boards?

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    • #20687
      BONNIE L
      Flatchatter

        Hi there, In my (not so long) experience as a strata-ite, pest inspection of individual units are up to individual owner. Would not fall for any claim on that basis for all owners to cough up.  Would also ask for photographic evidence the mites originated on common property.  Best luck.

        #20668
        Lady Penelope
        Strataguru

          ccgirl – Has a termite inspection and report been undertaken already?

          If not the OC has a responsibility to investigate the issue and have a termite specialist report on the alleged problems. The inspection should occur in a timely way. The report should try to identify the termite’s entry point to the Lot.

          It some cases the Lot owner exacerbates the termite problem by creating damp spots around the perimeter of their Lot e.g. HWS system overflows. The Lot owner would then need to share and bear some of the cost of the repairs.

          Yes, the OC is fully responsible for the repair of the flooring if it is determined that the termites came from the common property and that the lot owner did not contribute to the problem themselves.

          If the OC is responsible for the damage then the OC should seek a suitable repairer as soon as possible. The OC insurance may be able to cover the costs. Check the OC insurance policy.

          The OC should also try and identify the location of the main termite nest and any sub nests, and try to eliminate them. 

          From experience, bait stations are a good way of doing this.

          Below is a legal opinion from a Qld perspective:

          “To prevent a claim by an owner that a termite infestation was caused by the body corporate’s failure to act, a body corporate should:

          • take steps to prevent termite infestation by engaging a professional to report on any potential termite hazards;
          • put into place a termite prevention system;
          • if termites are found, the body corporate’s monitoring of the maintenance systems should be increased;
          • make sure that if an owner finds termites in their lot, they should ensure the termites do not spread to the common property
          • should allocate money in annual budgets and spend it on termite prevention or control;
          • keep written records of the termite management programme
          • keep the owners informed in reports made to them;
          • advise owners of termite risks such as wood chips in garden beds, keeping garden beds away from external walls, removing old timber, cardboard or newspapers and avoiding accumulation of rubbish that may attract termites.”

          https://belllegal.com.au/body-corporates-termite-infestations-takes-blame/

          #20218
          ccgirl
          Flatchatter
          Chat-starter

            Lady Penelope thank you for your comments, however if I could ask for further clarification?

            You say that “the OC is fully responsible for the repair of the flooring if it is determined that the termites came from the common property and that the lot owner did not contribute to the problem themselves.” However the article from Margaret Miller seems to indicate that the OC is not responsible if they have taken preventative action.

            Does it come down to the degree of preventive action by the OC that may have to be tested at court or a tribunal?

            In our case we have now had an inspection and are taking remedial and preventive action, however prior to this we only had we had an inspection in 2016 and possibly 10 years prior to this. The 2016 inspection was clear of pests but the contractor suggested installation of a baiting and monitoring system which was not followed. On the basis of this the OC would be appear to be liable, and some of us on the committee believe that the OC should repair the floor but others are adamant the OC will not pay and want get legal advice. I would prefer to avoid this expense and hassle.

            Can you or others point us to a more definitive guide in NSW ie. legislation, codes, guidelines or precedents?

            #20280
            Lady Penelope
            Strataguru

              From your account of the past preventative action taken by the OC (or lack of it), in my opinion it would not be sufficient to have the OC’s responsibility for the termite damage waived.

              Termite inspections were not carried out frequently and no bait stations etc were installed, even though they were recommended.

              In my opinion the OC clearly did not do all that it reasonably could to take preventative action to mitigate against termite damage.

              Had the OC been more pro-active, including the undertaking of annual inspections and the implementation of a bait station and monitoring program etc, then my opinion would be different.

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