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…
Question: Do I need strata approval for the renovations of my bathroom if I am simply replacing like for like and retiling over the existing floor tiles? Is this work considered a minor cosmetic renovation? Answer: It seems unlikely that your works could be carried out without any impact whatsoever on the existing waterproofing….
Question: Is it allowable/acceptable to get in touch directly with strata manager for unit repairs to common property, rather than go through the executive committee? Answer: Yes, because in all likelihood, before the strata manager issues a work order for the repairs (subject to the extent of repairs), the strata manager will seek approval…
Question: Our air conditioner was installed incorrectly by the builder 5 years ago. Is the repair of the resulting leak part of the strata maintenance responsibilities? Answer: As it is likely not common property, you would need to repair it. Generally speaking and without knowing where the external unit is located, an air-conditioning unit…
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: What steps do we take to organise a leaky roof repair? What if some owners refuse to pay? Answer: The roof repairs will be common property and a repair that jointly the Executive Committee and the appointed Strata Manager would arrange for its repair. The roof repairs will be common property and a repair that…
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…
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: We have recently renovated our kitchen without approval from the Owners Corporation. Will have to return the kitchen to the original condition or be fined? Answer: Transparency and pro-activeness is usually the best approach when something like renovations without approval occurs. Kitchen renovations (with works involving waterproofing) are “minor renovations” under the new…
Intercom Systems Question: Hi Leanne, I’m a regular reader of your weekly Strata News and I had a query for you: Does the Owners Corporation have an obligation to provide an Intercom system for the building that it supervises? Answer: We are pleased to hear that you are regular reader of our articles! While there is…
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…
New Combustible Cladding Laws Introduced On the 22nd October 2018, new laws commence. These laws are the Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2018 and State Environmental Planning Policy Amendment (Exempt Development – Cladding and Decorative Work) 2018. Owners of certain buildings with external combustible cladding will now be required to register…
It’s the law! Owners Corporations are required by law to repair & maintain the common property. The new legislation allows individual lot owners to sue the Owners Corporation and recover any damages suffered by an owner as a result of the Owners Corporation’s failure to properly repair & maintain the common property. Preserving and…