Question: We had repeated water ingress for three months. The caretaker and committee neglected to take corrective action despite instructions. Can we take any action regarding the failures of the caretaker and committee?
We have had a repeated water ingress issue through a fire exit door from the basement. The caretaker failed to address the issues for the past three months despite being given the correct actions.
After Cyclone Alfred caused a third ingress and damage to resident’s goods in the nearby storage cage, the advice was finally actioned.
The body corporate committee was aware of these issues but did not ensure that the caretaker acted to address the problem before the third ingress and damage. What can we do about the failure of both parties to ensure due diligence?
Answer: This is the land of the volunteer, and the best way to get stuff sorted is to volunteer yourself and sort it out.
The first and easiest step to resolving issues like this is to get on the committee and become involved in making decisions at the pointy end of the conversation.
Liability wise, we would need to do a lot of checking before confirming who is liable for what. Why is there water ingress? How long has it been going on for? Is there a need for any expert report to identify the causes and potential solutions? Are the proposed solutions temporary or permanent? Is there a need for two quotes / general meeting approval for the spending? Is there an allowance set aside in the sinking fund for this work? What do the management rights agreements actually oblige the caretaker to do? What were the instructions from the committee and were those reasonable/sensible?
This is the land of the volunteer, and the best way to get stuff sorted is to volunteer yourself and sort it out.
Frank Higginson Hynes Legal E: frank.higginson@hyneslegal.com.au P: 07 3193 0500