Question: Due to the ongoing bad weather in Queensland, some of our units have mould problems. Is it a body corporate responsibility to treat the mould?
Due to the ongoing rain in Queensland, some of the units in the complex have developed moulds in their units in various rooms.
Two of the unit owners believe this is a body corporate issue and that it needs to be fixed by the body corporate?
There are no pipe leakage in any common areas, just a lack of sunlight due to the amount of rain and the ground being so soaked.
Answer: Generally speaking, mould is internal to the unit and is the owners responsibility to clean and remove. If the mould is on a common property area, it is body corporate responsibility.
Generally speaking, mould is internal to the unit and is the owners responsibility to clean and remove. If the mould is on a common property area, it is body corporate responsibility.
There are some exceptions to this. For example, if there is a roof leak that has resulted in mould the body corporate might remove the mould when repairing the leak. It’s also possible that mould rectification is covered by the scheme’s insurance if it was caused by an insurable event. These are the exceptions though and need to be judged on a case by case basis.
When talking about these issues with owners, I often try to get them to consider the bigger picture. Let’s say the body corporate agreed for one reason or another to treat the mould in their units. That’s good for them now, as they don’t have to pay for this service today. However, a precedence has been set. It might turn out that other owners have mould issues – quite likely this year – and now the body corporate has to pay for those too. And it has to pay for future issues as well. These costs now have to be budgeted for and levies have to be raised to cover the expense. Are the owners still happy? Probably not. It doesn’t always work, but framing the discussion in this way can help the understanding of why the body corporate acts on some issues and not others.
Queensland Health has a good factsheet on how to deal with mould issues: Mould
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
My strata manager has been informed of a mould growth problem in my master bedroom and living room via a building defect report (water ingress under sliding door tracks) in mid March. The water ingress under the tracks has been soaking into the subfloor. It starts happening following heavy rains in winter. The subfloor doesn’t dry out and the damp is then compounded by winter condensation. In the main bedroom this has caused mould growth in my carpet. In the living room it has caused minor swelling of my floorboards nearest the door tracks.
I have also advised the strata manager that I have sought medical testing for coughing, irritation of bronchial tubes, itchy eyes, dermatitis and other problems which I have been experiencing for a few years (not seeing visible mould but noticing damp). I have been sleeping 8 hours per night in that room only 1.5 metres from the mould growth under the carpet.
The strata managers have sent tradesmen over a few consecutive years trying to fix the damp problem, but the defect was only discovered after a prolonged water test.
My problem is the strata manager doesn’t seem to be taking the mould matter very seriously and I am stressed about it because it is now mid June; 3 months since the report, although they have lodged an insurance claim and glaziers have provided quotes (my efforts). This takes time and every one is busy than busy.
The strata manager says the strata company will have to hold a general meeting to approve expenditure of some $15000 to replace the defective sliding doors. This may take 4-6 weeks.
With my health and wellbeing at risk, I feel the time delay is unacceptable. The lead time on new sliding door tracks and frames is 3 months, so all up 4-5 months.
Do I have any rights on basis of risk to my health? I’m an owner/occupier.
What can I do to speed up a general meeting?
My own insurance company will replace my bedroom carpet but they don’t do the removal of mouldy carpet and any mould removal will have to be done by experts they say.