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I live in a strata complex in NSW. Recently I discovered a termite infestation in the skirting boards. One skirting board is on the common property wall & the other on a wall that is an internal wall that starts from the entry door.
Our by-laws include the Common Property Memorandum.
As I read the CPM the cost of tearing the termite infestation & subsequent cost of replacing the skirting boards is an owners corporation cost.
Is that correct?
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I am looking at the common property memorandum published on the NSW fair trading web site. it could be different from your own strata plan’s wording might be different. You have not shown us the wording.
From the NSW Fair Trading version: Only the skirting board on the common property wall is the responsibility of the owners corporation. The other skirting board is lot owner’s responsibility. Painting on all skirting boards (irrespective of whether it is a common property wall) is lot owner’s responsibility.
I had skirting boards installed earlier this year (2023). They cost $7.70 per metre for the materials and $7.15 per metre for installation (GST included). Painting was extra cost.
This is a tricky one, but my logic goes this way.
The OC is required to repair and maintain common property.
Termites always enter buildings through subterranean passages.
The underground is common property ( lot property is the cubic space above ground).
It can be argued ths it’s OC responsibility to maintain and repair the underground, and that damage to the skirting boards was not due to you.
I think you may have an insureable claim, so make a claim on the OC insurance ( you don’t need committee or strata manager to do this ).
If the insurer denies the claim, it will be likely thsy claim lack of maintenance, which bounces it back into the OC court.Dont expect anyone to take responsibility for this.
There is a difference between damage to lot property that has occurred due to normal wear and tear and damage that has been caused by an event or failure in common property. I would say termite infestation is a failure in common property and therefore the insurers should pay up. If they don’t do following a direct approach, apply to Fair Trading for mediation with a view to taking action against the committee under section 232 – failure to fulfil responsibilities.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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