This article discusses what owners can do when a QLD body corporate is failing to maintain common property structural defects and delays necessary repairs.
Question: What can a lot owner do if a body corporate delays action on verified structural defects? Can they claim loss caused by the delay?
Our Queensland body corporate building has serious structural issues that an engineer has inspected and verified. For more than two years, I have been on the committee and have pushed for the body corporate to address these issues, but the committee keeps deferring action. The problem continues to worsen, and the expected rectification cost keeps increasing.
What can a single lot owner do to force the body corporate to act on verified structural defects? Can an owner who has tried to progress the issue seek compensation if the body corporate delays and misses reasonable opportunities to mitigate the cost?
Answer: Single lot owners can and do win these types of cases regularly when the evidence is clear.
If the body corporate is failing to meet its obligations to maintain the building in good condition, you can take action against this through the commissioner’s office: Disputes in a body corporate
As you say, there is a report demonstrating structural issues needing repair. Any case would likely focus on whether that report was accurate and why the repairs haven’t been done. Single lot owners can and do win these types of cases regularly when the evidence is clear.
It’s not uncommon for committees and owners to hesitate to undertake repairs after being advised that they are necessary. Usually, people are concerned about costs. However, this generally won’t be seen as a valid reason to postpone works in a legal setting. The body corporate has an obligation to repair and maintain the common property. If it is failing to do so, it is placing all owners’ homes and investments at risk.
Usually, when there is a dispute over these issues, we recommend you take action in a series of escalating steps – start with discussion, then issuing formal notices before proceeding to the dispute level. In this case, you say the issue has persisted for 2 years, and it seems the opportunity for reasonable discussion and planning has been exhausted. The longer you delay, the worse the problem is likely to get.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
This post appears in Strata News #782.
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