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We own an investment property that for the past year 2 sets of tenants have advised the managing agent that water in penetrating through the bedroom windows in heavy storms and that the sliding door often cannot be locked once opened.
We believe the reason is that this being an older unit block with the thin 3mm glass, over time the glass is no longer sitting snug in its frame.
The strata agent has advised basically tough luck as the executive committee member (we only have 1) has stated that they are not willing to pay for a repair.
Seeing that this is having an impact on my tenants (having already lost one) is there any recourse that I have?
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Assuming you are in NSW, under section 62 of the Strata Schemes Management Act, the Owners Corporation must maintain and repair common property – no excuses and no exclusions.
I would be telling the strata manager to get this sorted NOW or your next step will be to go to the CTTT where you will be seeking an order to have the work done and possibly also asking for compensation for the loss of tenants.
I would also, quietly, be wondering about the competence of a strata manager who doesn’t understand this most fundamental of strata laws.
If you are not sure how to go about seeking an order, click HERE and scroll down to the section on CTTT Orders. There you will find a description of the processes involved and links to the forms required.
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.
@JimmyT said:
Assuming you are in NSW, under section 62 of the Strata Schemes Management Act, the Owners Corporation must maintain and repair common property – no excuses and no exclusions.I would be telling the strata manager to get this sorted NOW or your next step will be to go to the CTTT where you will be seeking an order to have the work done and possibly also asking for compensation for the loss of tenants.
I would also, quietly, be wondering about the competence of a strata manager who doesn’t understand this most fundamental of strata laws.
If you are not sure how to go about seeking an order, click HERE and scroll down to the section on CTTT Orders. There you will find a description of the processes involved and links to the forms required.
I don’t know about that. We have an old house attached to our strata and the owner admitted she new of the defects to the house when she purchased it, and used this information to lower the offering price on the property, and then expected strata to pay for the defects after she bought it.
This link is to an article that is a few years old now but it is an important that landlord’s understand the implications of having 3 mm glass in doors especially.
I think you might need to be a bit careful here.
We’re in NSW, a multi-storey block. For many years our OC maintained all the external doors and windows and walls, however, when we changed strata managers at the next AGM the new manager brought along a strata solicitor.
He explained that since our building was built pre-1974 when different rules applied and where there was a balcony beyond the wall, door or window these items were within the Lot and were actually not common property but the individual owners’ responsibility.
@imaynotbeperfect said:
We’re in NSW, a multi-storey block. For many years our OC maintained all the external doors and windows and walls, however, when we changed strata managers at the next AGM the new manager brought along a strata solicitor.
This is not uncommon as a lot of SM are unaware of the finer points (and the major points) of strata law and they will just tell you what they belive is correct and as the owners are even less knowledgable they generally get away with it.
My 10 years as a lot owner has turned me from believing everything the SM says to nothing the SM says unless I confirm it via a third source.
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