Question: My villa flooded 3 months ago. Due to consistent rain, the villa has continued to flood. Our strata manager will not reply. If they can’t organise a contractor, can I organise someone myself?
My villa was recently flooded.
I am still waiting for very urgent repairs to be carried out. Due to NSW receiving more and more rain, the villa continues to be flooded.
I contacted my Strata Manager when the flooding began 3 months ago and have contacted them a dozen times since then. I’ve received no response. I have sent photos in an attempt to highlight the urgency of the issue.
Should the strata manager get back to me with some sort of timeframe for repair? If they are unable to have their contractor come out, am I allowed to ask another contractor to attend to the issue?
I am concerned about what will happen if there is more rain as the property has been flooded for months already.
Answer: The owners corporation is deemed to have failed to act on its duty to repair and maintain the common property if after two months it has not made a decision or taken action.
The strata manager is your point of contact, however, they do not necessarily have the power to make decisions even in an emergency as they are generally limited to a set dollar amount for decision making. The strata manager can make recommendations and send them to the strata committee who generally will, unless they have been restricted in their decision making at the last general meeting, have the authority to make the decision to engage a contractor.
Having said that, under the Strata Schemes Management Act 2015, the owners corporation is deemed to have failed to act on its duty to repair and maintain the common property if after two months it has not made a decision or taken action. As it is now over the two month mark you can take the matter to NCAT after first attempting mediation to obtain repair orders. I strongly suggest you seek legal advice before doing so.
Allison Benson Kerin Benson Lawyers E: allison@kerinbensonlawyers.com.au P: 02 4032 7990