Are some body corporates unmanageable? Ranking 9 problems in difficult buildings

By Neziah,

Every body corporate manager knows the buildings that are an endless headache. Nothing gets fixed, owners and committees are at each other’s throats, or one difficult personality holds the whole scheme hostage.

Michael Kleinschmidt, Principal at Bugden Allen Group Legal, and Will Marquand, General Manager at Tower Body Corporate, map out the full range of difficult buildings, from merely frustrating to truly dysfunctional.

Can we refuse an owner’s claim after they ignored a flood?

By Neziah,

A few years ago, a water heater failed and flooded a lot in our building. We believe the owner did nothing to limit the water damage, such as hiring industrial heaters to dry the place out.

Recently, the owner started having problems with floorboards coming loose and cracking. The strata committee decided to remove and re-level the magnesite, which revealed severe damage to the slab underneath, including spalling and corroded reinforcement. As the slab is common property, the strata committee organised the repairs, which are now complete.

Who is liable when a dead tree on common property falls?

By Neziah,

A tree on our common property was dead for more than three years. Owners requested the tree's removal a week ago, and since then it fell and damaged three cars.

What legal obligations does the owners corporation (OC) have when there's a dangerous, dead tree that needs removing? Are there regulations about how often trees must be inspected, and if so, within what timeframes? Are there obligations to inspect and remove large dead trees that pose a risk?

Can the owners corporation seal in mould instead of removing it?

By Neziah,

The original waterproofing membrane in my ensuite has failed, and the owners corporation has accepted in writing that it's common property and their responsibility. When their plumber removed the shower linings, they found extensive mould in the wall cavity, including on the back of the wall shared with my main bathroom.

Who pays to remove a tree an owner damaged?

By Neziah,

An owner damaged an old, large ironbark tree on common property while doing unapproved landscaping in their exclusive use courtyard. According to arborists' reports, structural roots were damaged or severed, and they assessed the tree as unsuitable for retention and recommended its removal.

Our committee is concerned about the safety risk the tree poses. Can the body corporate recover the cost of removing the tree from the owner?

Is the OC required to pay an owner’s claim for a failed bathroom membrane?

By Neziah,

A lot owner claims the waterproofing membrane in their internal ensuite failed. No external walls are involved. The strata committee and strata managing agent asked for a report from a water ingress specialist, but the owner hasn't provided one. Instead, they've supplied a report from the construction company they had already engaged to renovate the bathroom.