My neighbour's unapproved bathroom renovations have caused damage to my lot but he will not give permission for access. What can I do?
There has been a bylaw put in place that says the unit above me will pay for any damage caused by his unapproved bathroom renovation.
There has been a leak causing damp walls in my unit since before Christmas. After the plumber, hired by the Strata company, fixed a few problems he thought the problem was solved. Unfortunately, it wasn’t, and the owner has refused to allow entry to another plumber. The committee say they are talking to the owner about this.
What Options are available?
Orders for Access must be sought from NCAT
It seems that the subject by-law was passed by retrospective approval of the Owners Corporation, and, under its terms, the Owner of the bathroom would be liable for any loss or damage caused to lot or common property. Depending on the source of the cause of your damp, the Owners Corporation could enforce the provisions of the by-law by seeking orders from NCAT and you could seek orders from NCAT in that the water ingress is causing you a nuisance.
While it is unclear who the “other” plumber was contracted by, if it was the Owners Corporation, except in case of emergency, it would need the other lot owner’s consent for the Owners Corporation’s contractor’s entry, in the absence of which, Orders for Access must be sought from NCAT.
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Leanne is leading the conversation in strata and community management across Australia. With a distinguished career spanning over 25 years and holding credentials as a licensed Strata and Community Manager and Real Estate Managing Agent, Leanne has masterfully redefined the essence of premium strata service. Her approach, honed through years in senior roles within top-tier agencies, is unwaveringly client-focused, ensuring that expectations are not only met but consistently exceeded.
As a pivotal member of the Strata Community Association (SCA) and the CEO of the award-winning Premium Strata, Leanne, together with her team of seasoned strata managers, embodies a commitment to unparalleled service excellence. Beyond steering Premium Strata and Premium Building Management, her influence extends across the property industry as a leading voice. Leanne's insights on legislative updates and industry shifts are invaluable, offering guidance to lot owners on intricate strata matters and fostering effective and informed strata management practices.
Leanne is a regular contributor to Lookupstrata.
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