Question: Is the owners corporation required to carry out necessary maintenance to common property within a legislated timeframe? In this case, for mould.
I have recently informed the owners corporation of extensive mould and wood rot inside a large window. On the exterior, a substantial portion of the cladding under the window is soft, like wet cardboard.
When it rains the smell of dampness and mould is intense throughout my unit and causes migraines and breathing difficulties.
What is the legal timeframe for the owners corporation to repair or replace the window and cladding etc.
Answer: Failing to exercise a function is defined in section 232 as not acting for a period of two months.
The owners corporation has a strict liability to maintain and repair the common property that starts as soon as it is in a state of disrepair. In terms of timeframes, you may want to consider section 232 of the Strata Schemes Management Act 2015 which has a provision enabling NCAT to make orders where the owners corporation has failed to exercise a function. Failing to exercise a function is defined in that section as not acting for a period of two months.
You may want to start the Fair Trading mediation process as the mediation unit is backlogged at the moment and you may not be allocated a mediation date for 4 to 6 weeks.
Allison Benson Kerin Benson Lawyers E: allison@kerinbensonlawyers.com.au P: 02 4032 7990