Question: What steps should I take to repair my damaged bathroom ceiling and walls caused by a roof leak, given the strata manager’s and committee’s slow response?
I own an apartment on the top floor of the building. I reported a roof leak early in the year. Due to the strata manager’s and committee’s slow actions, this led to a damaged bathroom ceiling and walls. I don’t have extra funds to make repairs. Also, I am not sure the roof problem has been completely fixed. What steps should I take to commence repair of the damaged bathroom?
Answer: Remind your strata manager and committee of the owners corporation’s strict duty to repair and maintain common property.
You should report your matter to the strata manager and committee again and remind them of:
- the owners corporation’s strict repair and maintenance duties pursuant to Section 106 of the Strata Schemes Management Act 2015.
- the owners corporation’s (OC) duty to repair any consequent damage to affected common property and damage caused to your apartment.
- their liability for any loss and damage you suffer during their delay or neglect.
If they still take no action, you can apply for mediation at Fair Trading NSW. If no agreement is reached or if the OC declines to attend, you can then make an application to NCAT for orders:
- that the OC repair all the affected lot and common property; and
- compensate you for loss and damage suffered by you.
You may also wish to consider applying to NCAT to have a compulsory manager appointed to carry out all the required repairs and all decision-making powers of the OC/strata committee. The OC/strata committee will be suspended for the period of appointment if you feel that they are not meeting their obligation.
Lastly, you may be able to claim on either the strata’s insurance or your own (if you have cover).
This post appears in the November 2024 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440