Can owners claim compensation for loss and nuisance when repairs are delayed?

By admin,

My unit has had water ingress since March 2022. Despite repeated requests, the OC has failed to rectify the defect.

The OC is in legal discussion with the builder to fix all defects, including my water issue. These discussions have dragged on for nealry 8 months with no date set for rectfication or when the deed will be signed between the OC and the builder.

Meanwhile, water issues continue. I purchased a new property to move into but I've had to let it until the water ingress issues have been fixed in my current residence.

Is the owners corporation responsible despite pre purchase due diligence?

By admin,

Would the lack of adequate stormwater drainage under a slatted wooden floor on a balcony and the absence of a waterproofing membrane on the concrete balcony floor be the owners corporation's responsibility? The lot owner carried out pre-purchase inspections of the owners corporation's records under the legal principle of "caveat emptor"?

Does this principle apply under current legislation? Does the owners corporation have any protection at law?

Can owners fast track insurance works and use their own builder due to mould risk?

By admin,

We own and live in our apartment with our two children. We noticed a leak in the apartment a few months ago. The leak was between the internal wall and the block work under our kitchen sink.

The strata insurance has a $5K excess. The builder has provided a quote of $8K. We haven't received a building inspection report or itemised quote despite the inspection taking place a month ago.

The builder has given at least a 5-week wait before he can attend to start an invasive investigation under the sink and carry out repairs.

Can lot owners be reimbursed for painting without owners corporation approval?

By admin,

The exterior of our eight villa complex needs painting. At the AGM, we decided there was not enough money available to carry out the works, and further discussion would occur later if levies were available.

Three owners would not wait and, without approval, paid to have their villas painted. A year later, we had enough owners corporation funds to paint the remaining five villas.

The three villas who paid for painting have requested the owners corporation reimburse them.

Who pays for electrician callouts caused by loose wiring in a lot?

By admin,

I recently had to pay an electrician for an after hours callout to my unit. There was a total power outage to only my unit. The electrician stated this was caused by loose electrical wire connections behind my unit's internal switchboard.

As no work has been carried out on the switchboard in my unit since I bought the unit, and the wiring seems to have been loose since construction, is this repair the responsibility of the owners corporation?

Can an owners corporation withhold payment due to levy arrears?

By admin,

I made an insurance claim on the strata insurance. The claim was approved. The owners corporation instructed the insurance company to deposit the money in the strata account for accounting purposes. The owners corporation instructed me to pay for the approved repairs and send receipts for reimbursement.

After three months, I’m still waiting on the reimbursement of my money. I’ve been told the owners corporation is chasing $12k in arrears. Once the late levies have been paid, they can pay me. They have offered to credit the amount to future levies, but I need the money now.

Is the owners corporation responsible for identifying the cause of internal damage?

By admin,

Our strata plan consists of free-standing townhouses.

One lot has cracks in the bathroom along the internal walls and bathtub. The cracks do not appear on the external walls of the townhouse. The lot owners have requested an investigation of the doomer roof underneath the bathroom to determine whether the cracks are structural. Would the investigation be the cost of the owners corporation?

Can the owners corporation withhold funds until repairs are completed

By admin,

Our unit had storm damage. We agreed to a cash payout to replace roof tiles and repair and paint the bedroom ceilings.

Insurance arranged the claim, and we signed a deed of release for around $4000 to complete the repairs.

The insurer paid the money into the owners corporation trust fund. The owners corporation will only release the funds to us when the work is complete. The insurer agrees that the cash settlement should be released so repairs can be completed. Isn't that the purpose of a cash settlement?

Can owners insist on tiles and who is responsible for moving pot plants

By admin,

I live in a Sydney apartment in a block of 12 units. I have a large tiled balcony. Unfortunately, water is leaking from the balcony into the unit below. The owner's corporation has received quotes for a new waterproof membrane.

The committee would like to paint the balcony. Can I insist on tiles? I have large pot plants on the balcony. Am I responsible for moving these?

Should the owners corporation pay insurance excess for resulting damage

By admin,

Common property water ingress in my ground-floor apartment resulted in damage. Two issues caused the ingress and the owners corporation has agreed to repairs. I paid two insurance excesses for two issues, which cost $1500 and will probably increase my insurance premium. Shouldn't the owners corporation pay the excess because common property issues caused the water ingress?