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Hello, I live in a strata unit (60 units) and we have an ongoing issue with water proofing defects. The case is in the hands of lawyers (has been for many years now with zero progress). While we all wait for the lawyers to sort it out, considerable damage has been done to our apartment from water leaking in via the defective water proofing membrane on the roof.
Finally our Executive agreed to make some repairs to the damaged apartments (this includes in our case replacing a built-in cupboards and the carpet which are both damaged).We are all paying special levies to cover this.
My problem is this: the builders that have been awarded the contract to do repairs have advised me that they can't match the timber of the cupboards or the carpet. As the timber cupboards are the same throughout the apartment (as is the carpet obviously) I would have imagined that matching the existing would be part of the contract. My Strata Manager has told me “too bad – you will have to compromise”.
Is this a fair response from my Strata Manager? How can I be expected to accept carpet and timber that are different to the rest of the apartment?
Any advice would be appreciated. thanks.
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Not quite the same but I had a water heater leak in my old apartment affecting the carpet in the lounge. Insurance covered it, but only in that room.
Hi buyahousenexttime
There are a couple of aspects to this.
Firstly, the builder is required to build in accordance with the contract with the OC. If the OC has included sufficient detail regarding matching, then the builder is required to match. This may come down to interpretation.
If insufficient detail has been provided and the contract has been entered, then the OC could request a variation to the contract to specifically match the materials (generally builders, to get the job, will price undetailed materials at the most basic price. If there is no mention of matching and the materials to be matched are expensive, generally the builder need only use basic replacement material). This will almost certainly involve an additional cost to the amount agreed between the OC and the builder to complete the work. The next question is, who should pay the cost of this variation?
It will be either you or the OC. The answer to this depends upon the following.
Depending upon the cost of the rectification work, the OC should have held an EGM to obtain the authority required to enter into the building contract for the rectification work. Was the OC required to include the matching of materials in the specification with the contract? Only if the OC was advised of this requirement at the EGM and a resolution was passed addressing this issue, was the OC responsible for this level of detail.
Let me know if you have any questions.
Regards
Chris KerinSenior Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500
Suite 73, Lower Deck
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26-32 Pirrama Rd
Pyrmont NSW 2009
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