No urgency for repairs from strata-sleeping on lounge

Is this a new building or old.

If new does it flood every time it rains.

If old is this the first time it’s flooded due to the exceptional weather if so it’s an insurance claim. Strata insurance for the wardrobes, walls and other fixtures in the lot and contents insurance for carpets and personnel items. This assumes your insurance covers floods. If your insurance doesn’t cover floods you have a claim against the strata as they are responsible for insuring the building and they have failed.

Why do you expect it to flood again if it was due to an exceptional storm which is not likely to recur or is this an ongoing problem.

Well forget the insurance as this is a failure to maintain the building structure by the Strata and the insurance won’t want to know. You might have a claim against the previous owner but you def have a claim against the strata for damage to your property due to its failure to maintain the structure in a watertight condition.

Your first port of call would be to engage your own expert to tell you why it’s leaking and where it’s coming from and how it can be fixed.

Also immediately ask the SM to call an EGM to discuss their report and what the Strata is going to do about it and that unless action is taken within x days you will be starting legal action against the Strata.

If this results in no action you then have to go to NCAT to force the Strata to reimburse you and carry out the repairs. I’m not sure if you can skip conciliation and go straight to Adjudication someone else might be able to advise here.

Also contact the health dept if they deem the house a health hazard in it’s present state they might order you to move out and the strata would be liable for these costs as well.

Is this a townhouse or ground floor apartment and isn’t it affecting other owners if it is coordinate with them.

@sean said:
I have already been onto fair trading and they recommended the form for mediation and then go through NCAT. I feel like this option will drag out the situation and will only delay the repairs that are needed further.

You need to apply to both fair Trading and NCAT as a matter of urgency by seeking an interim order (have a look at THIS PAGE).

This is what it says: “Applications for an interim order are usually made … where damage to person or property is involved.  For example, the applicant may seek interim orders to … carry out urgent repairs.”

The Interim Order application requires you to have at least made an application for mediation but the website state quite clearly that you can (and should) do both at the same time. 

Applications for an interim order must be accompanied by either a new substantive application or have a current substantive application already lodged with NCAT.  The substantive application will usually concern the same issues.

Although mediation is not a necessary requirement before lodging an application for an interim order, it is necessary for the substantive application.  You may lodge a mediation application at the same time as lodging the interim order application.

Far from slowing things down, a decision on an interim order is usually made within 48 hours, so get on it!  If need be, hire an experienced strata lawyer to at least advise you on your application.

This is not a waste of time. At the very least, your committee/strata manager needs to know that you are going through the correct channels and it it going to cost them even more if they fight you at NCAT than if they just fix the problem, which they are going to have to do anyway.

You are in a very strong position, legally. The Owners Corp has a duty to maintain and repair WITHOUT LIMIT.  It doesn’t matter if they don’t have the time or the money or if they are engaged in negotiation with the builder.  They still have to repair the problem and, yes, you could also pursue them for damages because of their failure to maintain and repair common property. 

Going to the health department might help in your Interim Order application if they declare the unit unfit for habitation, in which case you could move into a hotel and hope you can force the owners corp to pay for it.  

But the main thing is, start pushing this through Fair Trading and NCAT as a priority; just starting an action may get the result you are looking for.

FYI: It is not your job to hire experts to assess the repairs. The strata manager will just hire their own tame “expert” to counter yours and you will still be on the couch.