Who pays accommodation costs during warranty repairs in strata units affected by building defects?

By admin,

The builder is replacing the laminate flooring installed during construction. The same flooring was installed in all units.

Some 70 of 325 owners have reported delamination or movement due to an uneven slab. In most cases, repair is not an option given the extent of delamination.

The developer is an international company that operates globally and the builder is a large Australian company that operates nationally.

Who is responsible for accommodation costs when a lot owner vacates for a builder to carry out repairs under warranty?

Does a body corporate have to apply balcony glass tinting to all lots or can it select certain units only

By admin,

Our body corporate wants to tint the clear glass panels on the balustrades of certain units both for lot owner privacy and for the appearance of the lot. If they are prepared to apply a frosted film to the glass on some balconies, is the body corporate obliged to offer the same deal to all owners with clear glass balconies even if some units are not in public view?

Who is responsible for frosted film maintenance on balcony glass in strata buildings

By admin,

Is the body corporate or the lot owner responsible for the maintenance and replacement of frosted film applied to balustrade glass on unit balconies?

Because the balustrades on our privately owned unit balconies are on the boundaries of the lots, the body corporate is responsible for their maintenance. Does that responsibility extends to repair and/or replacement of frosted film that was applied to some of the balcony glass?

Is a body corporate responsible for cleaning balconies or fixing mess caused by building washing works

By admin,

The Body Corporate is intending to undertake a building wash of our highrise complex. The onsite manager has told me that my open air balcony walls and balcony ceiling will not be included in the building wash because they're behind the balustrade which is not common property.

If the Body Corporate is responsible for painting these areas then why are they not responsible for maintaining them i.e. cleaning.

Who pays for balcony repairs caused by building defects in strata and what costs does the body corporate cover

By admin,

Many balconies in our 40-year-old building have concrete cancer.

To carry out repairs, we need to remove all balcony tiles and replacing new concrete and coating it with a waterproof membrane.

Who is responsible for the cost of these repairs? Isn't this a structural problem that would therefore be the responsibility of the Body Corporate? When the building was built, no waterproofing was installed. Isn't this what the sinking fund is for?

Does prior approval for balcony balustrade upgrades set a precedent for future strata improvement requests

By admin,

Approval has been granted to replace an old steel balustrade with a glass balustrade on three balconies. Now work is complete, does that set a precedent for further motions presented? Is it reasonable to expect approval for future motions? An engineer's report stated there is no reason why a glass balustrade cannot be installed safely on any or all balconies in the future.

Who is responsible for leaking balcony doors and windows in a building format plan strata scheme

By admin,

My private balcony is on title, it is not exclusive use. My windows and doors in the wall separating my loungeroom from this balcony sometimes leak during storms etc. The scheme is Building Format. Who is responsible for repairing the leaks and then re-painting the external face of the wall? Is this my cost, the body corporate, or do we go fifty-fifty?

How to force a body corporate to carry out urgent structural repairs on unsafe common property

By admin,

My first floor unit has a veranda that provides a shaded area for the resident below. It has a beam that needs replacing.

The body corporate has been aware of the safety issue for five years. They finally accepted responsibility a year ago and have done nothing other than obtain an engineer's report. Due to safety concerns, I am banned from using my veranda.

Can an owners corporation issue fines for by law breaches and restrict voting rights without tribunal approval

By admin,

Can the OC charge an owner a monetary fine for parking or other similar bylaw breaches? If these fines are not paid the lot owners won't be financial and will not able to vote at the AGM.

I thought NCAT were the only bodies that may enforce payment and only after the Owners Corporation has satisfied the tribunal of the merits of its case.

If that's this is correct, can an Owners Corporation issue a fine that has not been considered by the tribunal or court be used to stop an owner voting at the AGM?