Question: Despite repeated requests, the OC has failed to rectify water ingress defects in my unit. Can I seek reimbursement for nuisance and loss of income from them for not addressing the defects?
My unit has had water ingress since March 2022. Despite repeated requests, the OC has failed to rectify the defect.
The OC is in legal discussion with the builder to fix all defects, including my water issue. These discussions have dragged on for nealry 8 months with no date set for rectfication or when the deed will be signed between the OC and the builder.
Meanwhile, water issues continue. I purchased a new property to move into but I’ve had to let it until the water ingress issues have been fixed in my current residence.
What orders can I seek in relation to the nuisance, potential loss of income as i cant seem to let my existing unit and had to rent my new property that I had intended to move into. The OC declined to attend mediation at NSW Fair trading, so I’m wondering how to approach NCAT for relief and what orders or compendation I should be seeking. What are my chances of any relief?
Answer: You could seek payment of reasonably foreseeable damages for the breach of the owners corporation’s duty to repair and maintain the common property.
You would likely seek an order under section 232 of the Strata Schemes Management Act 2015 (‘the Act’) that the owners corporation comply with their duty to repair and maintain the common property under section 106 of the Act. You could also seek payment of reasonably foreseeable damages for the breach of the owners corporation’s duty to repair and maintain the common property under section 106(4) of the Act.
Please note that the owners corporation can defer compliance with their duty to repair and maintain the common property whilst they are ‘taking action’ against the builder.
This post appears in Strata News #623.
Matthew Jenkins
Bannermans Lawyers
E: enquiries@bannermans.com.au
P: 02 9929 0226
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