Question: Due to a building defects, we are unable to clean and service our air conditioner grills. Who is responsible for fixing the defect so we can access the space?
Due to building defects, we are unable to clean and service our air conditioner grills. There is an access panel, but it goes nowhere.
Who is responsible for adjusting the roof space and access panels so that we, as owners, can access the area to clean and service the unit?
Answer: Has the Owners Corporation taken action against anyone for the building defects?
While the Owners Corporation is responsible to repair and maintain the common property, Section 106(4) of the Strata Schemes Management Act, 2015 (NSW) states:
If an owners corporation has taken action against an owner or other person in respect of damage to the common property, it may defer compliance with subsection (1) or (2) in relation to the damage to the property until the completion of the action if the failure to comply will not affect the safety of any building, structure or common property in the strata scheme.
Has the Owners Corporation taken action against anyone for the building defects?
Does your issue impact on health or safety? If so, and if the air-conditioning is an item of common property, you should write to your strata manager and advise them of urgent temporary measures which should be undertaken by the Owners Corporation but also provide the builder the first opportunity to repair or provide a temporary repair to mitigate any loss.
This post appears in Strata News #619.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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