Question: A support pole needs replacing on my very unsafe verandah. After back and forward emails, the body corporate admits responsibility but will not take action. How do I make the body corporate fix the beam?
My first floor unit has a veranda that provides a shaded area for the resident below. It has a beam that needs replacing.
The body corporate has been aware of the safety issue for five years. They finally accepted responsibility a year ago and have done nothing other than obtain an engineer’s report. Due to safety concerns, I am banned from using my veranda.
The body corporate claim they can’t get anyone to do the job. I’ve sent many emails. On many occasions, they didn’t respond. On another occasion, they told me it was my responsibility and when I asked for permission to have support poles installed, they acknowledged it was common property, and the body corporate’s responsibility.
I am at my wits end. How do I make the body corporate fix the beam?
Answer: If the body corporate refuses to actively maintain a part of the scheme that it is responsible for, follow these steps.
I presume that the beam is an essential supporting framework, the lot is created in a building format plan and there are no exclusive use conditions compelling the owner to maintain the beam. If this is not the case (and the body corporate is now disputing its responsibility over the beam) it would first be a question as to whether the owner or body corporate is responsible. To confirm this, you need to have the survey plan, engineer report and CMS reviewed.
If the body corporate is refusing to actively take steps to maintain a part of the scheme that it is responsible for, the owner can:
- Write to the body corporate formally (through a lawyer if required) demanding that the maintenance obligation is complied with;
- Obtain quotations for the required works and submit them to the body corporate for approval; and
- Make a dispute resolution application in the Commissioner’s Office seeking an outcome that the body corporate be required to carry out the required works.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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