Question: I believe there are defects in my roof space. Can I use an independent technician rather than someone chosen by the committee?
I need a technician to provide a diagnostic investigation of my roof-mounted air conditioner and my roof space. I believe there are defects in the roof space that separates my unit from the surrounding units.
I’d prefer to use an independent technician rather than someone chosen by the committee. Do I have to provide the committee with the details of my chosen technician? What information am I obliged to provide to the committee if I have a technician visiting the scheme to carry out a diagnostic report?
Answer: You could wait to see the outcome of the report by the committee’s chosen technician.
It is difficult to answer this question with limited information. Do all units have a roof mounted air conditioner? Was this installed subject to an exclusive use by-law? If it was, you would need to check the terms of the by-law to ascertain any ongoing obligations regarding liability for any issues arising and how this would affect you as the owner of the unit.
If the above is not applicable, you could wait to see the outcome of the report by the committee’s chosen technician. If you believe there are concerns with that report, an independent report could be requested in response. This would be the more cost-effective approach.
If you wish to engage a technician to obtain a preliminary opinion before the committee retains a technician, I recommend you discuss it with the committee and advise.
Pierrette Khoury Khoury Lawyers E: pierrette@khourylawyers.com.au P: 0415 459 486