Everybody wants to renovate eventually, but when someone on the ground floor of an apartment block starts knocking out walls, they shouldn’t be surprised if more than the ceiling comes down on their heads.
QUESTION: My unit has been damaged from major renovations by the owner of the unit directly below me. The internal walls were removed (by an unlicensed builder) and last weekend thick, long cracks appeared on the walls of my unit.
Every day new cracks are appearing. I requested a structural engineers report and am awaiting the result. The owner says he got permission to go ahead with the works but the executive committee meeting was inquorate, the item never appeared on the agenda, and in any case I’m told it would have needed a 75 percent vote at a general meeting.
How do I ensure I am adequately compensated for the damage and that we, as a building, are safeguarded for the future? What are my rights in this case and who should I contact for advice? – Undermined, Bellevue Hill.
ANSWER: The walls and ceiling are the responsibility of the Owners Corporation and they have a legal duty to repair and maintain them. They should then pursue the rogue owner for compensation.
Meanwhile, you were right to get an engineer in before it gets any worse. Strictly speaking, without the executive committee’s OK, that would be at your own expense but any reasonable EC would agree to pay for this.
Your EC shouldn’t hesitate to get a specialist strata lawyer involved. And get in touch with your local council to find out if there was planning approval for the work (unlikely).
They can demand that supports are immediately put in to shore up the building until the engineer reports. And you can talk to Fair Trading (13 32 20) about action to get compensation from the owners.
As for preventing this in the future, there’s not a lot anyone can do to stop selfish owners and cowboy builders from flouting the rules. But you can hammer them when they do.
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