June 24, 2020 at 9:25 am #231656PanamenkeMember
I seem to remember reading or perhaps hearing on a podcast that someone had gone to the Tribunal about the time it took for the Strata Committee to approve repairs to common property and the fact that repairs were approved and actioned much quicker for Committee members and their ‘friends’ as opposed to other owners/residents. Did I imagine this or was there such a case? If there was a case can someone point me to where I can find the information. If I ‘imagined’ it do you think this would be a worthwhile claim?
I’ve already gone to mediation about the length of time to do repairs – sometimes years and after numerous follow ups, emails, discussions etc. The pattern hasn’t changed and the Committee is a very tight knit so even getting on to the Committee is a drama as I’m always ‘outnumbered’. If anyone can advise me that would be great or point me to where I can find the information. ThanksJune 29, 2020 at 6:35 am #231919Amanda FarmerExpert
Assuming you’re in NSW, the Owners Corporation is taken to have “failed” in its duty to repair and maintain the common property if
(a) it decides not to, or
(b) it fails for 2 months after it is asked to carry out the repair and maintenance to do so, or to inform you that it has decided not to carry out the repair and maintenance.
Also mentioned briefly in this past Forum post: https://yourstrataproperty.com.au/qanda/topic/delayed-response-regarding-expert-advice-to-fix-a-common-property-failure/
These cases are generally fairly ‘open and shut’ if you have to go the Tribunal: the Owners Corporation’s duty to repair and maintain the common property is strict and unavoidable. Assuming there is no dispute that the work has to be done, it must be done.
If you end up in the Tribunal, you want any order made to set a clear timeframe for the completion of your work. If the Owners Corporation does not meet that timeframe, they are in breach of a Tribunal order and it’s then open to the Tribunal to appoint an administrator to carry out the job on their behalf.
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