Question: A poorly constructed box gutter channels rainwater into our apartment. We’ve been requesting help from the owners corporation for years, but they keep pushing us aside. What do we do? We have a rooftop on our apartment that runs parallel with a poorly constructed box gutter. This box gutter has water runoff from other…
Question: The Owners Corporation is undertaking remedial waterproofing on a common property rooftop terrace which is included in our title. They have asked us to move our large pots and spa. Shouldn’t this be there cost? The Owners Corporation is undertaking remedial waterproofing on a common property rooftop terrace which is included in our…
Question: My neighbour’s unapproved bathroom renovations have caused damage to my lot but he will not give permission for access. What can I do? There has been a bylaw put in place that says the unit above me will pay for any damage caused by his unapproved bathroom renovation. There has been a leak causing…
Question:Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer? Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer. This bylaw outlines permission and the terms and conditions for owners to install ducted split air conditioning systems, roof…
Question: My garage is in immediate need of repair to the point of causing damage to my car. I have requested maintenance but nothing is done. What can I do? My basement garage in my strata building has no glass in its windows, just some plasterboard covering where glass should be, and the window…
Question: Our neighbour drilled into our balcony to install an awning shade. What do we do now? Who is responsible if there is future damage due to the installation? Our downstairs neighbour got approval to set up an awning for her backyard. In her request she stated that drilling was ‘probably not required’, however,…
Question: A lot owner in our 5 lot NSW strata building is using the garage to store carpets for their business. What impact would this have on fire safety and strata insurance? Answer: You should contact your local council and make further enquiries there, as they have powers to stop the business being carried…
The new defects rectification guide has been launched in NSW. The NSW Government has written a step by step guide which helps Strata Managers and property owners with identifying and then rectifying defects in apartment buildings in a seamless process. This is a first of its kind for government and it enables the government…
Question: There is no insulation under the concrete roof of my top floor apartment. On hot days, the apartment is basically unliveable. Is the Owners Corporation responsible for this problem? When the summer sun heats the concrete roof of my top floor apartment all day, that evening the concrete sheds its heat into the apartment!…
Question: Is it possible to access a unit if the owner has not granted permission but the tenant has? This is for the sake of a dye test and roofing repairs. Answer: The occupier needs to give his consent, therefore, the committee may enter the lot because it is the occupier’s consent which is…
Question: A builder has confirmed I have water between my tiles and the waterproofing layer in my bathroom. I have contacted strata. What do I do now? I had noticed something wrong with the grout in my bathroom and my metal door frames are starting to get corrosion on them. I organised for a…
Question: We discovered a leak in the ceiling of our newly renovated bathroom. Strata will fix but will cover the repair hole with a vent. We’d like it returned to the condition it was in prior to the leak. I recently noticed a drip through a light fitting in my main bathroom. We completely renovated…
Question: Our hardwood floors have suffered major water damage due to common property defects. Should the Body corporate reimburse out of pocket expenses for accommodation and food while we vacate the property for repairs? Answer: The accommodation should be recoverable, but it is unlikely that the costs of food etc would be reimbursed. If…
Our CEO Leanne Habib sat down with the Sydney Morning Herald on Tuesday September 10th to talk about how to manage building defects as a property owner. A defect doesn’t have to spell disaster, many building defects can be rectified if the process is managed properly. ‘‘You don’t have to panic, but you do have…
Question: Our bathroom’s waterproofing membrane has failed and is causing damage to the lot below. Should the Owners Corporation be responsible for all repairs, as these are only needed due to common property defects? Answer: There is a very similar 1999 strata titles case. There is a 1999 case where water had leaked into…
Question: What should lot owner’s know at the First AGM regarding building defects? Do we need to know about enforcing statutory warranties? Answer: The owners corporation needs to enforce the statutory warranties – depending on the contract date for the works. The system is based on self- help. The owners corporation needs to enforce the statutory warranties…
Faulty Waterproofing I live in a unit complex in Sydney and there are 76 units. My strata contracted (& paid for) a company to come fix my faulty waterproofing on my balcony. In order to access the faulty waterproofing, the company had to remove/lift the wooden deck on the balcony. During the process of repairing the faulty…
Question: Due to a common property defect, my tiles were damaged in an area on my verandah. As the tiles could not be matched, the whole space must be retiled. Should the OC pay for all work? Answer: There is a strata titles case very similar to yours. There is a strata titles case…
Question: Water has been leaking from our front yard into the car park below for a few years without resolution. Must I use the strata’s expensive contractor for the basement waterproofing? How do I get the committee to act? Answer: You may get another quote from another contractor, however, make sure that the quote…
Question: The floor in a lot’s kitchen has to be repaired because of concrete cancer. The lot owner now wants the owners corporation to pay for a new kitchen. Answer: The Owners Corporation would need to address concrete cancer and then reinstate the kitchen with like for like. It sounds like the kitchen is…