- This topic has 8 replies, 7 voices, and was last updated 13 years, 2 months ago by .
-
Topic
-
I seek advice on responsibility for termite damage in a strata townhouse. The situation is as follows:
- The ground floor of the townhouse in question appears to be on a concrete slab on the ground, but part of the ground floor is on a floating slab up to 1m off the ground. The ground can be accessed through a plywood hatch in a storage area leading into an unventilated void containing builder's rubble from the construction 14 years ago.
- About 6 townhouses in the complex have the same unventilated void. This design defect was not identified & remedied in the Defects stage.
- Some years ago a townhouse owner submitted to the EC & received approval to lay a hardwood floor. The floor met Australian Standards with hardwood plywood and soundproofing.
- Ridges appearing along the hardwood floor recently, on investigation, turned out to be caused by termites originating in the underground void space.
- The owner of the townhouse, in consultation with the building & strata managers, arranged for a termite inspection of this residence to be done & treatment (likely to last many months) to commence.
- A termite inspection of the entire SP (the first in its 14 years) is now to take place.
- There are several many responsibilities to allocate:
- Termite inspections – OC.
- Termite treatment of residence/s with termites – OC.
- Rectification of unventilated voids & any other areas encouraging termites to congregate – OC.
- Damage to approved additions to properties with termites (such as the OC-approved wooden floor in this townhouse) – ???
- In this case, does the lack of regular termite inspections, in a Sydney suburb known for termites, consititute negligence on the part of the OC?
- Long after the Defects stage was completed, where does the OC stand with this unidentified defect that is clearly a design/building fault?
- In this case the owner's insurance does not cover termite damage. It appears that no home insurance does.
-
Replies
-
I live in a townhouse complex. We too have had owners with termite damage. No-one had every thought of having termite inspections.
We started a yearly inspection programme for each owner to arrange and pay for themselves. We did this as we know of one complex where the EC/OC arranges inspections whether the owner is there or not. Some residents in this complex have “proof” that no one came into their lot and actually did the inspection! This complex has had continuing termite infestations.
We, however, with owners being present and organising their own, have had no more incidents since. We thought that by putting the responsibility of checking for termites that we may reduce our own liability (ie if we organised/picked the pest company and there were problems it would be our responsibility but owners arranging/paying it would be theirs?)
The owners who have had termites in their places have arranged and paid for treatments themselves. We put it to owners that if they wished the EC/OC to do this, we would have to increase levies to cover inspections and any treatments. Owners here would rather low levies, pay for inspections and treatments should they need it.
We believe that in making owners responsible, they will ensure that their homes are not “termite inviting” and take on the advice from their pest company in not storing items around the house that may encourage termites.
This makes perfect sense but the key to this is in the last paragrph – it's about making people responsible for work costs whether they come straight from their own pockets or are paid for by the OPC. Either way, there's no free ride in strata. Just because the OC pays for repairs of common property, it doesn't mean they are getting something for nothing. Crack that little conundrum and you're ahead of the game.
By the way, I worry about “user-pays” common property repairs because all it takes is for one person to come in and say, well, thanks for paying for your own work … but you still have to pay for mine!
I also worry about the owners who let their own properties go to rack and ruin and let the termites spread to neighbours homes. But, hey, if it works for you then that's all you need to know.
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.
We did think about the spread of termites to neighbouring properties. So we “advised” owners that should they not keep up to date with their termite inspections, then if a neighbouring property found that they had termites and had keep up to date, then we “may” find them liable for not getting the inspections. That is, if apartment A does nothing and apartment B does everything right and gets pests that are coming from apartment A, we would say that apartment A's negligence caused apartment B's problem and so they should be liable. So far it has not come to this. However, the prospect of being liable for not only their own home but their neighbours has put the fear of God into owners. We have 100% compliance with inspections (owners have to submit a copy of their inspection report every 12 months).
And strata owners definitely do need to realise that no matter what, it is them who pays. Owners here thought that if the EC/OC organised these inspections, then they would pay. When we mentioned increased levies, they wanted to do it themselves! Same with our plumbing, they wanted strata to cover, we said OK we will increase levies. They said they would rather unclog their drains themselves thanks! As I have said before, they want to pay for the YMCA but live at the Versace Hotel! Don't we all.
There is only one termite protection system that is able to work in a strata titled situation. It can be viewed at https://www.boron.com.au and involves a heated Di-sodium Octaborate Tetrahydrate Multi-Component Biocidal Treatment mix being sprayed into all voids and onto all timber to make a hostile environment for ALL insects. It also provides Fire Retardancy and kills ALL Fungal Action to stop Timber Rot and Decay. It is the only Termite Treatment System that can make an entire building “Termite-Proof” for Life and has a Warranty that covers the treatment performing for a Life-Time. This is the ONLY system that will provide complete ‘peace of mind’ for occupants. For more information hereon, contact ac@boron.com.au.
JIMMYT SAYS: I can't say whether this is the case or isn't so we can't endorse this product. But it certainly sounds worth checking out. And if anyone knows an alternative product or solution that works, hop in and let us know.
I'd say it's also worth checking out the health and safety issues associated with boron or any other chemical termite treatments before exposing residents to unnecessary risks.
Not saying there is one, but I think it's worth taking precautions. I'm also a little uneasy about what appears to be an outright bid from a company for work…. is that really the purpose of this forum?
Gilgal1 said:
I'm also a little uneasy about what appears to be an outright bid from a company for work…. is that really the purpose of this forum?
I'm a bit uneasy too, Gilgal. The purpose of this forum is to share information. My view is if people have a problem with termites, who am I to deny them the link that MIGHT offer a solution.
If it's any consolation, I get several direct pitches a week from businesses trying to get free advertising, that never see the light of day. However, if a business offers a genuine solution to a problem and their bona fides are that they are active in the relevant field, I'm going to give them space (but not necessarily my endorsement).
The most obvious try-on recently was from a timber flooring firm that sent an answer to the question “What do I need to know about timber floors” before they sent the Dorothy Dixer question. Cretins!
But any time you think this website is too close to becoming an advertorial, let me know.
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.
Thanks for culling the advertisements and promotions Jimmy.
My partner did a TAFE course for pest “control” and said that basically things that actually kill termites, etc. are toxic for humans and pets as well.
The important thing is to try to keep the little pests out of a property and not put out a 'welcome mat' for them.
Make sure ventilation spaces are open, keep soil and vegetation away from boundary walls, dry out damp areas, or even better, don't let places get wet that were not designed to be that way.
For ordinary houses a termite barrier can be dug around the property but urban high rise is another matter.
Nothing is perfect.
FlatChatFan said:
Thanks for culling the advertisements and promotions Jimmy.
My partner did a TAFE course for pest “control” and said that basically things that actually kill termites, etc. are toxic for humans and pets as well.
The important thing is to try to keep the little pests out of a property and not put out a 'welcome mat' for them.
Make sure ventilation spaces are open, keep soil and vegetation away from boundary walls, dry out damp areas, or even better, don't let places get wet that were not designed to be that way.
For ordinary houses a termite barrier can be dug around the property but urban high rise is another matter.
Nothing is perfect.
Yes and no. I have some background in this area as a biochemist who has generally worked with insects. Some termite toxins are very specific to aspects of their biochemistry that vertebrates just don't do. Other insecticides are more general. Either should be handled with caution just in case but there really is some very clever targeted chemistry. One example is a toxin that inhibits the formation of chitin, the major component of the rigid exoskeleton of arthropods (insects, spiders, crustaceans) but it not used by vertebrates at all.
On the other hand I agree that the best precaution is to fix up any leaking shower recesses and pipes, ensure subfloor spaces are well ventilated, scraps of wood left by builders are tidied up etc. Inspect regularly.
- You must be logged in to reply to this topic.