Question: How do we comply with NSW Legislation to maintain the building when either the weather is too bad to carry out the repair or we can’t get contractors?
A recent article on the LookUpStrata site by JS Mueller & Co states:
“… an owners corporation cannot delay any repairs that need to be carried out to fix defects in the common property that are causing water to leak into a lot. Even if it is impossible to find contractors who are available to repair those defects, that does not provide an owners corporation with a lawful excuse for delaying any necessary repairs to common property.”
We have been advised of a leak into a ceiling of a unit, however, we cannot get a contractor to attend ‘immediately’ due to current severe weather conditions so as to inspect and carry out any replacement of roof tiles that may have been damaged and causing water to penetrate. The roof was inspected about 12 months ago and any damaged tiles were replace then, ridge capping re-pointed and gutters checked for debris.
Our Strata Manager has attempted to locate a roofing contractor but there is a current backlog and attendance is not practicable ‘immediately’. Does this mean that the Committee (all in their 70s) have to climb onto a three storey building’s roof to replace tiles themselves?
We have the funds available to effect any repairs needed but cannot get a contractor ‘immediately’. If bad weather and lack of contractor availability is not a valid excuse, then the law, as you explain, it not practical.
I’m sure ours is not the only Strata Committee in this situation.
Answer: You should contact your local state emergency service.
In New South Wales, new Legislation called the Design and Building Practitioners Act 2020 commenced in July 2021.
It sounds like your question is more about a contractor availability issue. This is not just being experienced in the strata management industry, it’s being experienced generally. The whole construction industry is really struggling at the moment with trade and material availability.
In this situation, you should contact your local state emergency service. They could potentially act on your behalf to come out and address the emergency situation. However, Sedgwick would be happy to assist any owners corporation to access contractors, trades and the like through our network of suppliers.
Bruce McKenzie and James McIntosh
Sedgwick
E: bruce.mckenzie@au.sedgwick.com
P: 1300 735 720
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