Question: My lot is the only one with a diagnosed waterproofing issue in our building. The OC is responsible for repairs, but they are not willing to cover all costs.
I’m a lot owner in an owner-managed strata, and my lot has a waterproofing issue. We have established that the owners corporation (OC) is responsible, obtained a waterproofing consultant’s report and a repair scope of work, and obtained quotes against that scope of work. Quotes for repair are around $30k.
My lot is the only one with a diagnosed waterproofing issue. Despite the OC’s responsibility for repairs, they are not willing to cover all costs. They say that if they repair my damage, the OC will have to repair all the other lots for which they do not have enough funds. They think the special levy would equate to each owner paying for repairs.
However, I am the only one currently having this issue, and I want it repaired.
They offered around $8k, leaving me more than $20k out of pocket. Is the next step mediation and NCAT?
When they say to me, “If we fix yours, we will have to fix everyone’s,” I don’t know how to respond.
Answer: If the OC does not have the funds to fix the common property, the OC will have to raise a special levy or consider other financing options.
The response is pretty straightforward. The response is yes, the owners corporation has a strict duty to repair and maintain the common property, regardless of whether the issue affects one lot or all lots. The owners corporation is responsible for the common property.
If the OC does not have the funds to fix the common property, the OC will have to raise a special levy or consider other financing options.
If the OC refuses to rectify the common property, you will need to consider proceeding to mediation in the Office of Fair Trading and if that does not result in a satisfactory response, the NSW Civil and Administrative Tribunal, seeking orders that the OC rectify the common property.
Matthew Jenkins
Bannermans Lawyers
E: enquiries@bannermans.com.au
P: 02 9929 0226
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