Legal action or Fair Trading | Common Property | Flat Chat Forum: Your Questions Answered


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Legal action or Fair Trading
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02/04/2012 - 4:43 pm
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Hi, I'm new to this forum so i'm not sure this kind of issue has been addressed before.

We had our SM send out a (unlicensed) tiler to fix broken tiling to a bathroom wall that constituted common property. the tiler did a really bad job but when we complained both the SM and EC have told us that because the contractor doesn't want to fix the job we just have to put up with it. They've convinced him to come back and fix a lot of the dodgy work without going as far as removing all the tiles and re-laying them – they are really crooked and some stick out. After we compained the strata manager eventually agreed to organise an independent tiler to come out and look at it but when he agreed that it was “a shocker” and should be re-done they just dismissed him and told us it wouldn't happen. Now they are saying that because we bought our own tiles to be laid back on that they aren't responsible for the job. But me buying my own tiles actually saved the EC money and the tiler told me i had to.

The second issue, i have a defective roof which not only leaks but makes loud banging noises when there is any wind or rain. A roofing company has been sent out and said it needs to go into the building defects claim but the builder just won't take responsibilty. Both the EC and SM are just not standing up to them and aren't looking after my interests as an owner who pays $8000 p.a. on strata fees. THey just want to paint over the water damage and keep saying there is nothing wrong with th roof.

So my question – who do i complain to? Do i address all my issues (other repairs are needed as well such as another balcony ceiling which has been hanging off and about the collapse for a year!) together or do i need to focus on one at a time? And do i take action against the EC, SM or builder or all three? The EC seem totally incompetent and just want to do everything on the cheap, except of course when they have xmas drinks and have so much alcohol left over they have to hold another party to drink it all. Do i see a lawyer or Fair Trading for mediation?Yell

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02/04/2012 - 11:51 pm
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The simple answer is that you have so many complaints it would be worth seeing a specialist strata lawyer.
It’s incredible, isn’t it, that the developers say there are too many regulations, when we keep getting stories like this about crap buildings and idiot ECs who don’t realise they don’;’ have to accept such fifth-rate treatment.

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