Who is responsible for defective pipe repairs and resulting water damage in strata after warranty expiry

By admin,

Our building was built in 2016. Lot owners noticed water coming into their unit from above. An inspection of the manhole found that an upper unit's pipe was not hooked up to an outlet drain. This was not picked up during the builder's warranty period, as the previous owners of the lot never used the air conditioner unit.

The top unit owner believes it's a builder defect, and the body corporate says it's the top owner's responsibility. In the meantime, the downstairs owners had to open a wall and hook up a pipe so the water would run into a bucket.

Who pays for unblocking the drain?

By admin,

Our 30 lot Accommodation Module scheme has a blocked underground storm drainpipe flowing down from an external neighbour's property into the body corporate's drain network. There is no open storm drain pit connected to this pipe or a tree growing in the vicinity in the body corporate section of the pipe. The blockage may be in the body corporate's section of the pipe downhill.

What can owners do when a body corporate manager ignores an insurance claim decision for building damage

By admin,

Our unit block has damage that we reported four months ago and again six weeks ago. The body corporate manager has not replied and continues to ignore our emails and calls.

The committee agreed to lodge an insurance claim, but the manager refuses to acknowledge this decision.

What steps can I take to ensure the damage is repaired through insurance?

Can storage overflow in a shared garage breach strata by laws and create a safety hazard

By admin,

I share a 2 car lock up garage with another lot owner. The other lot owner has installed shelving for storage. Recently the amount of storage is overflowing onto the garage floor and I believe it is a safety risk.

Our Bylaw states "The proprietors from time to time of the lots specified below are entitled to exclusive use and enjoyment of the car spaces marked on the strata plan marked VP01 & VP02 on condition that those proprietors are responsible for the proper maintenance in a clean and tidy state of said car spaces".

Can an owners corporation enter a private car space to remove stored items without a by law or tribunal order

By admin,

Our strata plan has an underground car park with allocated car spaces for each lot. Where there is room, some owners have utilised the car space to store personal items in addition to a motor vehicle.

There is no by law expressly prohibiting utility usage or storage. There is a model bylaw prohibiting lot owners from keeping items within their lot that detracts from the appearance of the common property.

Does the Owners Corporation have a right to enter a private car space and remove stored items?