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I have an investment unit in Sydney, which suffered water ingress via storms on common property a few months ago. The damage is gradually getting fixed by the OC with some costs borne by me. I intend to make a claim through NCAT for my remediation costs and loss of rent. The OC will fight this, but in itself that doesn’t worry me.
I intend to sell the unit as soon as the damage is finally fixed.
I understand that as an Owner I am eligible to take action through NCAT. However it is likely that the unit will be sold before the claim is settled
2 questions; Is this understanding correct? And if I sell the unit before the claim is settled, can I continue with the claim, given that I will no longer be an owner?
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I think you may be barking up the wrong tree. The Tribunal can rule who is responsible for the repairs but I don’t think they can award compensation. I may be wrong – and someone please correct me if I am – but for that you would have to go to your local court to pursue a debt. It may in fact be a two-stage process. As for your ceasing to be an owner, a quick call to a strata lawyer would be worth your 10 cents.
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.
Have you discussed your plan with a strata lawyer? It isn’t easy to get compensation due to water proofing failures, and the success for that will depend on your proving that the Owners Corporation neglected to carry out proper maintenance of the common property. A strata lawyer can determine if you have a reasonable claim, and how the anticipated change of ownership will affect any claim.
More information can be found here https://www.bannermans.com.au/library/claims-by-owners-for-damages-caused-by-water-ingress-under-s1065/
But be aware that there are a lot of other cases where compensation for loss of rent was not awarded.
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