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Dear Flat chat, I own a unit in a strata block in the inner west of Sydney. The block is approx 17 yrs old. I have significant water damage to a window ledge and floor board damage and a crack in the render of the kitchen wall. My tenant who is very patient waiting for same to be repaired is asking me why the delay from the Owners’ Corporation in attending to same? My tenant (with my permission) forwarded photographs of the damage to The Manager Agent . I have contacted The Managing Agents on a number of occasions but do not get a definitive response as to when and if same will be attended.The Managing Agent has had a Tradesman to look at the damage and a reoprt was submitted but there is still no date set for the repairs nor confirmation that the repairs will be done.Am I correct in expecting this to be repaired at The Building’s expense as it is part of the structure and common property and how do I get a definite confirmation from The Managing Agent that the repairs will be done in the near future as I am unable to increase my rent in fairness to my tenant until the repairs are done.I am hoping you will be able to give me sound advice.Regards Iz.
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A few points of clarification please:
- Is the wall with the cracked render an internal dividing wall within your Unit?
- Is the window damage internal or external?
- When you say that you’ve contacted the Managing Agent, do you mean the person who manages the rental of your Unit or your Strata Manager?
It sounds like all the items you mention are common property, and unless your Plan has a Special By-Law in place stating that it’s inappropriate for its Owners Corporation (O/C) to maintain, renew, replace or repair any of those items (and that’s unlikely), then that responsibility is with your O/C.
So if the person you contacted is your Strata Manager and your Plan is in NSW, then you need to remind them of the O/C’s unfettered responsibility under Sect 62 of the NSW Strata Schemes Management Act (SCMA) to “properly maintain and keep in a state of good and serviceable repair the common property….”, to insist that all necessary repairs commence within a realistically short timeframe, and to advise that if they don’t (commence) then you will be seeking Orders to require that from the NSW Civil & Administrative Tribunal.
IF it comes to that, you’re seeking Orders under Sect 140 of the SCMA using THIS form.
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