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Last year we had a severe termite infestation in our investment townhouse. We have undertaken major repairs and we now have a very good tenant. The cost of repairing the townhouse was divided between the Owners Corporate Body and ourselves – the owners.
The 2 townhouses on each side of us are about to commence their repairs. One of the owners has done quite a lot of investigating and we are getting mixed messages as to who picks up the cost of their repairs. She has been told that the Owners Corporation should be responsible for all repairs as the termites, being sub-terranean creatures, would have entered the properties through the floor which is Common Property and therefore belongs to the corporate body. The issue we now have is that because the termites entered through the floor the Corporate Body should be responsible for the whole repair ie including the owners' portion of property. Our neighbour has since contacted the Land and Property Management Authority (as have we) and we both have a letter from this department that “it is their opinion that the whole repair is for the Corporate Body to pay” citing that the Corporate Body did not carry out their duties diligently.
We spent many hours with the Dept of Fair Trading relative to the repairs and obtaining information. The people at Fair Trading never once mentioned, or advised us, to go to The Land and Property Management Authority for further information.
Firstly, we are seeking an opinion from you re the whole situation and secondly what chance would we have of recouping our money from the Corporate Body that we spent on the “Owner's Property” part of the repair if the other 2 owners have their repairs fully funded?
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Fair Trading din't need to send yyou to the Department of Lands – they should have been able to answer this themselves (with the emphasis on should have). Without knowing the details, it seems to me that ther information is correct and it's all a common property issue. In very simple terms, you should be able to claim back your share of the money that you wrongly paid to the Owners Corp. However, something else worth thinking about is that if this affects every unit or townhouse, there is no free ride on this for anyone. What you gain on repairs you will all lose from your sinking fund. I would get agreement to refund or offset the money you have already paid before you proceed any furhter with this.
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.
Can we just clarify that this is Queensland case law and is not necessarily applicable in NSW (if at all)? Or is it?
JimmyT
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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