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The OC, effectively the Chair, is refusing to comply with 106 (obligation to maintain and repair common property).
The Unit’s lounge and kitchen ceilings have extensive mould caused by a failed membrane in the patio above the Unit with subsequent ingress of water. Failed membrane has been verified by Plumber’s, Consulting Engineer’s and Mould Removal Specialist’s reports.
OC ignored Plumber’s report of late 2019. Forced by Fair Trading to engage Structural Engineer. Ignoring the latter’s recommendation. Though legal assistance has been engaged, the behaviour of the Chair in continuing to obfuscate indicates that there is likely to be no action to obey 106.
The Solicitor has requested from NCAT an Interim Order for the cleaning of the mould prior to the 106 issue being considered by NCAT.
Can you please outline a likely scenario as there is concern that the OC (Chair) will continue to desist in their duty forever. How can they be forced to comply?
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