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I’ve been living in this ground floor unit in NSW for 8 years. Recently found some bits of render alongside the edge come off my balcony and requested for a repair. OC replied was rude and personal, they said I have neglected the responsibility as owner to clean up the debris on the balcony top letting water to penetrate into the concrete slab over the years and said a water proof coating should have been applied to prevent this happen. I’ve explained the debris was due to natural cause which is strong winds and heavy rainfall. At last,I told them will be happy to clean up the debris if that is an obstacle to carry out the repair. My question is if it is okay for me to accept the “negligent” that they claimed and is it safe to share the cost for the repair if they refused to take full responsibility?
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Step 1: Verify on the plans of the strata that the balcony is clearly marked as “common property” ie with thick black lines;
Step 2: If you find it is “common property”, then
(a) List all the problems you see with the concrete (render falling apart, paint peeling etc);
(b) Take as many photos as you can;
(c) Write a history of when you first saw the problem(s) and what you did about them;
(d) Record what if anything the OC did when you approached them on the matter
Step 3: Call NSW Fair Trading on 13 32 20
(a) Tell them of the problem(s) and what you have done to address them;
(b) Ask what sections of the Strata Act you can rely on to compel the OC to do its job;
(c) Apply for Strata Mediation (a free service offered by NSW Fair Trading) between you and the OC where a Mediator attempts to arrive at an agreement between the parties. It is voluntary for the OC to attend and any agreement is not binding but Mediation is needed to have been undertaken (successful or not) before you can apply to NCAT (the Tribunal). Mediation can be applied for online and takes under 10 mins to do.
Best of luck.
Mediation is needed to have been undertaken (successful or not)
All good apart from the bit quoted above. Mediation needs to have been attempted. If the other side doesn’t show, as is their right, then it hasn’t really been undertaken. Provided the plaintiff turns up, it can proceed to NCAT.
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.
Jimmy you are indeed correct. The plaintiff (applicant) needs to have “attempted” Mediation ie applied for, received a hearing date and appeared in person or via phone/video (as Strata Mediation requires).
After the Mediation session, the Mediator will send both parties a letter confirming what transpired ie both turned up; or one party did not and what if anything was agreed between the parties. In the absence of an agreement between the parties (that satisfies the applicant) it is that letter that opens the door to allowing the plaintiff to apply to the Tribunal.
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