Flat Chat Strata Forum Common Property Current Page

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  • #7261
    Anonymous

      we own one flat in a small block of just 3 flats. we are a very small strata plan (just 5 lots).

      the kitchen cupboards of the ground floor flat have developed mould on
      them and started to rot. it turns out these walls are below ground level (i.e. the outside
      path is higher than the inside floors on these 2 walls), something we were never aware of.

      the strata has already paid to lower the external path and install external drainage to improve the damp in these walls. We need advice about who is responsible to pay for the internal repairs.

      the affected owner wants the strata to replace the damaged kitchen cupboards (which due to the design of the very small kitchen requires pulling out most of the lower section of the kitchen and replacing it), as well as pay for anything broken as a

      result, i.e. granite benchtops and tiles and pay all associated costs ie plumbing and electrician to do this.

      we, the other owners, are happy to pay for an internal damp course to run behind the kitchen as this is part of the repairs to common property and repairs to common property we understand we are required to do, however, do we have to pay for the repairs to the kitchen as well? The advice we have received is conflicting.

       

      we thought that the repairs to the kitchen would be the owners responsibility as it is not common property?

      to add to the confusion, the owner of the affected flat showed us a building report she had done when she bought the flat 6 yrs ago, which alerted her to the lower internal floors relative to the outside, the high damp readings in these walls, and the likelihood of damp damaging the kitchen if not addressed, and she never brought this to our attention.

      i would really appreciate any advice you could provide or tell me who can advise us on this matter?

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    • #12493
      Jimmy-T
      Keymaster

        There are two general issues here – the first is whether or not you are liable for damage caused to the kitchen and secondlywhther the owner has a responsibility, as a member of the Owners Corporation, to report that there was a problem.

         

        The first issue is more clear-cut than it seems;  generally speaking, if a failure to maintain common property has caused damage to an individual's property then the Owners Corporation is liable for repairs.

         

        Now, this is where I get into dangerous waters for the simple reason that I'm not a lawyer. However, I reckon a court (not necessarily the CTTT) would possibly rule that the failure to alert you to the problem has contributed to the damage and therefore this owner can't expect an entirely free kitchen out of this.  However, what you really want is to avoid going through the CTTT (which is, frankly, a lottery these days and they will end up nudging you towards the District Court anyway). 

         

        You also want to avoid going to court if you can becasue it will cost everyone time, money and – most importantly – heartache.

         

        So my advice would be to take advantage of the free mediation service offered by the Community Legal Service (click here) and try to resolve this as amicably as possible.

         

        Leading on from this, I have a question for our legal eagles – do individual owners have a duty under strata law to inform the Owners Corporation that there's a problem with Common Property?

        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.
        #12502
        Anonymous

          thanks for this

          one question though, is it really “a failure to maintain common property” when that was the design of the building (i.e. exterior path higher than interior floors) – which the owner knew when she bought flat, and incidently we didn't as the building inspection we had done for our flat on the top floor, didn't have acces to the inside flat on the ground floor.

           

          in any case, we had conflicting advice about what was causing the damp inside flat 1, but decided on balance of probabilities the high exterior paths was most likely not helping, and so we have rectified this problem.

           

          we also want to put an internal damp course inside, behind the kitchen, but the owner wont agree to this until we agree to pay FULL cost of the repair/replacement of kitchen (quotes range from $6500-7500). it is a small awkward kitchen, and everyone who has looked at it says it would be wasting money to pullout 2 damaged cupboards under the cooktop & sink and replace them – instead they advise a new kitchen. the owner insists she doesn't want to do this though.

           

          it is already 3 yrs since since she first mentioned damp, and now the damage has progressed. it took a while to agree on a course of action and has now stalled again on this point.

          #12491
          struggler
          Flatchatter

            I would love to know how this issue with the damp in the kitchen and the owner knowing about a problem ends up.

            We have a similar problem.  An owner sent an email to the EC saying “we have a problem with our unit and we need an engineer”.  We responded that of course we were responsible for common property areas of the unit, so where is this problem and what is the problem.  No response.

            Then the owner next to this one goes to the strata manager and says there is a damp problem under their unit.  The first owner then pipes up and say that the EC were told of this problem earlier.  The first correspondence did not mention damp, mould, water, damage nor any of the wheres or why fors. 

            We did get an engineer.  We had a report done.  The first owner doesn't like what has been said in the report.  We tried to get another inspection done but this first owner would not allow access on day as they were “busy”.

            So, years down the track, the problem still exists.  The owners say it is bad, the engineer says it isn't.  The problem of mould in the properties could also be attributed to the owners maintenance of this area (in a store room, not a habitable area).  And in all these years, except for the initial email, there has been NOTHING in writing from the owners stating there is a problem (and that first email did not really give an indication).  Any complaints, requests have only been verbal on the part of the owners.  I really feel that, should these owners want repairs done that we should argue that their inaction played a part in any damage that may have occurred.

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