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Hi
I need help.
The new strata committee decided water proofing work done in my unit were not common property related. They demand I reimburse the OC via a new strata manager.
The previous strata manager sent a quote to then strata committee in 2020 to approve and commment. The strata committee approved the repair in good faith. Strata manager sent the work order to a builder to go ahead. The work was completed in Nov 2020. The previous strata manager stated in email that waterproofing of the bathroom is OC only if it is original. My bathroom is original.
can new strata committee reverse previous strata committee decision when all the work was done. I dont have the money to pay it back. If the previous strata committee had rejected the work, I would look for different builder for cheaper quote.
what should i do?
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Two grounds to support your case.
If the previous committee approved that the OC pay for the waterproofing, you went ahead in good faith. The new committee in this case can’t just reverse the previous decision, since as you point out you would have taken a different course of action. This point is not a strata issue but a civil court would generally find in your favour.
On the second Avenue, we had a similar thing happen in one of our buildings where the strata manager told the owner that a repair was OC responsibility. It turned out not to be the case, but the OC wasn’t able to recover the money from the owner. The issue being that the owner was not told that subject to a report from the plumber they may be liable.
We are careful now to spell out to owners that subject to the report from the tradie, the OC may not be responsible.
Tricky area. Stand your ground but be prepared for a fight.
Marrickville Legal Centre provides free specialist strata legal advice and representation for NSW residents who can’t afford to pay for their own. Contact them via this link to their website (and let us know how you get on).
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.
Jim
i feel you are being bullied by the OC.
Most free legal services will provide you with advice but unless it’s a criminal matter, will not represent you in a court.
Get the free advice in order to ascertain that you are in the right and the OC is wrong.
I’d then ignore the letters of demand and wait till the OC takes you to court. It’s up to the OC to prove you owe them the money. It’s now that you engage a lawyer to represent you in court. He would ask that your costs are paid if the OC loses.
Its going to cost you initially for the lawyer, but you get most of the cost back if you win.
I can’t see any other way as the OC seems entrenched in their position
Most free legal services will provide you with advice but unless it’s a criminal matter, will not represent you in a court.
Marrickvile Legal Service will represent strata owners from all over NSW at NCAT and in court if they feel it’s justified. They have even taken cases to the Supreme Court. In this instance, it may just take a letter from them, but that’s not the point. They do represent people at Tribunals and in court, which is why I recommended them.
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.
Would you recommend a good strata lawyer if I need to engage one?
Our sponsors Sachs Gerace Lawyers are very good and very reasonable (or we wouldn’t have them as sponsors). Click on their ad to get to their website.
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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