303. Can an owner dictate the method for common property repair?
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Reena asks whether a lot owner has any say in the method by which an owners corporation chooses to repair its common property. We also discuss lot owner DAs for change of use and the importance of understanding the mandatory legal requirements for the issue of a Notice to Comply.
Hello Amanda,
I found todays podcast very interesting, thank you both.
Ventilation underground garages:
I have reviewed my application to send on to Fair Trading and wondering if I should post it on the forum for comment. I do not wish to go through any more stress at the moment, too many common property issues in this 50 year old building due to neglect.
Since the recent weather my underground garage ceiling and the wall in another garage has suffered further water ingress which has become gradually worse over the past seven years even during moderate rain. Hopefully the OC will agree to repair and maintain the courtyard above (common property) by employing specialised tradesmen to stop this from happening in the future.
Many thanks again for your and Rena’s advice.
Thanks Amanda and Reena for the very informative podcast.
I believe that we have problems with some people hanging washing on their balconies, noise….. because the way the department of planning do not care about the people living in those dwellings and nobody is challenging its Terrible way they are treating us. Also at the moment we do not have Consumer protection and it’s very costly to do anything about it.
Thanks again!!
fernanda
My unit has been destroyed by water penetration the strata is now paying my rent by ncat order .now they want to control the remediation of my unit and do a cheap job I want to fix my own work who is right ?
Hi Graham, as discussed in this episode, an OC can determine its own scope for the repair of common property. However, they still have an obligation to “properly” repair, so if you feel it’s not a proper fix, you should get an expert to give an opinion on that and explain where they’re going wrong.
Reena’s win was ‘cos she’s so reasonable – a lesson in how to approach council in a collaborative way that’s effective!
Amanda’s win was ‘cos she’s forensic – a lesson for strata managers and committees. Washing might seem to be a trivial thing to be in by-law breach, especially if it’s been unremarked on for years, but taking up a small matter is often indicative of an underlying issue for which the committee or another resident is after pay-back. Best to get it clear that you won’t be bullied as it becomes an example for those that mightn’t be able to afford the legal support.