Question: After cladding rectification work was done on our balcony, our AC no longer works and we’ve noted other damage. The OC will not take any action. What do we do now?
I own a Docklands apartment on the 11th floor of the building. Two months ago, the Owners Corporation organised balcony cladding rectification works. While the work was being done, the balcony was inaccessible and our air-conditioning unit installed on our balcony was turned off. Even though the AC is over 15 years old, it has been regularly serviced and its compressor motor was changed 2 years ago. Before the balcony cladding works commenced, the contractors carried out pre-inspection testing and found the AC working.
When the balcony cladding works were finished and we were handed back the balcony access, we found various issues. The AC is no longer working, the AC insulation pipe is missing, there are now multiple cracks on the balcony floor and a nut is missing from the partition glass.
We reported these issues to the Owners Corporation, but nothing has been done. We have had no communication about the dispute resolution process. What do we do now?
Answer: Approaching the builder directly might be a quicker option provided that there is enough evidence stating that the cause is from their works.
Since the builder was engaged by the Owners Corporation to carry out the cladding work, the onus is on the Owners Corporation manager to inform the builder of your concerns and request the builder to liaise with the lot owner to assess the situation and advise.
If the owner is not receiving a timely response from the manager, which seems to be the case here, then approaching the builder directly might be a quicker option provided that there is enough evidence stating that the cause is from their works. This might mean the lot owner engaging an Air-Con technician to provide an assessment/report on the condition of the Unit and what may have caused the unit to fail. The same process should apply to other damages incurred to the balcony and most importantly, the glass partition referred to in the concern, which might need to have the missing screws refitted from an OH&S requirement.
The other option would be to lodge a formal complaint with the Strata Manager by following the Consumer Affairs guidelines. Failing that, lodging the dispute at VCAT might be your last resort to resolve the issue.
This post appears in the July 2022 edition of The VIC Strata Magazine.
Jodie Moloney
MBCM Strata Specialists
E: administration@mbcm.com.au
P: 1300 777 276
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