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We have bought a lovely little unit in a block of four in Randwick 2 years ago. Since our costly renovation we have spent approx. $20K on other common property rectifications (new back stairs, new fence etc…).
Now there is a 3 yr old issue brought to our attention by the new strata managers (in place for about 9 months) requiring more money – a leaky front window causing damp and mould in the unit below. If the rectifications had taken place when they should have 3 years ago, we wouldn’t be facing a more expensive fix now.
We are the only new owners since this work was identified as being needed and we feel that we shouldn’t have to contribute (again) to works that were needed before we purchased and that would have been much cheaper to rectify at the time, and that should have been brought to our attention by the previous strata managers prior to purchase, but were not.
The unit in question is not well maintained by either the occupier or the owner and they have probably contributed to the problem by not keeping the tracks of the windows clear, clean and lubricated. I understand the mould problem is an owner problem but the window (and its rotting surround) is common property but the damage is not visible from the outside, only the inside of the unit.
So if the owner and the occupier have let the problem compound, and the owners of the other units have known about the problem but left it unattended, what rights do I have as a new owner to oppose contributing to yet another historical problem with the block?
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So when you did the inspection prior to purchase did you or your representative miss this? You say the damage was visible from inside the unit. Did you not look?
Was there anything in the OC minutes about potential repairs?
But to get to the core of the issue, you bought it, you own for better or worse.
I’m talking about the unit and the problem.
David Ng said
So when you did the inspection prior to purchase did you or your representative miss this?
I think you have misuread the post. The point is that the damage was in another unit and only visible from the inside.
Under standard or “model” by-laws, the lot owner has a responsibility to ensure that common property that is part of their lot is maintained. It could be argued that the lot owner in this instance has neglected the common property and that they should be held liable for the difference between the cost of repairs because of the neglect, and the costs had the work been done at the appropriate time.
So get an estimate of the two figures, get the committee to bill them for the difference and then see what happens. This is potentially a case that would come under damage to common property and it may be worth pursuing on that basis.
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.
Hi essy, sorry to hear of your dramas. There are 2 angles to this. One is owner responsibility to abide by by-laws, so read those and take action that fits under that where you can. The other is the owner’s committee which is responsible to oversee and getting stuff done that affects the whole of building. If they dont do stuff you can chase these things down during the year, but sometimes your best chance is to put in a Motion for all owners to vote on at your next AGM (or EGM if there is enough owners up to call for one). As for shared costs you unfortunately are in for a penny in for a pound.
Flame Tree said:
As for shared costs you unfortunately are in for a penny in for a pound.
Yes, but you can reduce those costs by making the negligent owner responsible for exacerbating the problem, although it make be cheaper just to suck it up and save the actual and emotional cost of pursuing them. I would still hit them with a bill, though, just to see what happens.
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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