Question: Our building has a ventilation system servicing the apartments. The vent in our bathroom is not working. I’ve informed the strata manager but the matter has not been resolved. Isn’t this an emergency repair?
I live in a walk-up apartment building on the Gold Coast. The building has a ventilation unit and ductwork in the roof, that services the apartments. One of the vents in our apartment is no longer working. It is not extracting any air at all. This is located in the ensuite, a room that has no window.
We have 2 other vents, in the bathroom and the laundry, that are both working.
This fault was reported to the Body Corporate Managers and BC Committee. An electrician attended, however even though they agreed that our duct was not working, the fans were working and he could not locate the problem. The advice given was to call a tradesperson with specific knowledge of ventilation and ducting system.
The Body Corporate Committee is now refusing to do anything else to fix the problem of our non-functioning duct.
There is now no ventilation at all in our ensuite to extract stale air from the toilet or steam from the shower. It is my understanding that it is illegal for a bathroom/toilet without a window to not have mechanical ventilation, therefore, I would class this as an emergency repair. What are my options if the Body Corporate Committee refuses to fix this?
Answer: Avoid assuming this is a body corporate issue unless you can be sure it is.
Your first step is to establish if it is the body corporate’s responsibility to fix. In this case, while I agree it seems as though this is a body corporate responsibility, you would need to also eliminate the possibility that you have any responsibility as an owner, for example, that you have failed to maintain any part of the ducting you were supposed to maintain. Please note, I’m not suggesting you haven’t met your responsibilities, I’m saying you should avoid assuming this is a body corporate issue unless you can be sure it is. Given the body corporate are seemingly not engaging with you about it, I wonder if they have some basis for believing it is not their responsibility.
Assuming it is a body corporate responsibility, you would put a quote to the body corporate to fix the problem. It isn’t clear from your query if you have done this following the first contractor visit. Noting their recommendation to get a specialised tradesperson in, you should try to arrange that, if you haven’t already done so.
I can’t comment if this is an ‘emergency’ repair or not. Again, best not to assume it is, or that it is ‘illegal’, as you suggest, and instead, get some concrete advice one way or the other. Body corporate legislation does not define ‘emergency’.
Ultimately, if you have established all of the above, put a motion to the committee (which is your right as owner) and if it is refused, you can dispute that decision through the Commissioner’s Office.
This post appears in the December 2022 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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