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  • #55305
    Whoopi
    Flatchatter

    Dear Flat Chatters

    I have been in and out of the tribunal for six years trying to get my water ingress sorted. The hostility  has been extraordinary in this battle and when we won orders to have the membrane replaced the OC installed an exposed membrane that is only fit for light traffic for ‘maintenance’ noted on the specifications.  This is on my deck  terrace living area where we walk and have furniture and pots and barbies, not on the roof. It is industrial in appearance, grey, like asphalt, abrasive like a giant emory board . It is laid in sheets and the sheets are undulating so the surface I am left with is uneven. Furniture and pots sit askew and wobble if placed on it. It is made of mineral particles and this sheds leaving my home sprinkled with this black confetti like substance that gets into everything. The OC refuse to cover it and we do not want to cover it our selves because we will be forced to take a bylaw making us then responsible for the membrane. Nor should we have to. Assuming they pass  a bylaw as well. This area was included in over 75 items of non compliance and failure to adhere to Australian standards by the OC. It got lost in the vastness of the case and was dismissed based the fact their expert said the membrane was warrantied, as much of the other work they had done wasn’t warrantied. I believe the member was overwhelmed with the vast amount of defects to deal with and now  the tribunal has set a very dangerous precedent by allowing an OC to put down what we believe to be a floor covering not fit for purpose. This has devalued our home and will probably not last due to the specifications of maintenance only traffic. Interestingly the case was during covid  and over the phone which made it so much harder to communicate our issue.  We were sure the tribunal would see this as a vindictive act to put down the worst looking and most uncomfortable membrane they could find and force us to have to put our hands in our pockets to cover it whilst taking a bylaw to boot. Now our home looks more like an industrial estate than a residence. We can no longer enjoy the space as it is so uncomfortable to be on. It is a large area. We asked our expert if there were any codes  or regulations  to support our issue and he said: no one would  ever leave a membrane such as this on a residential lot so there are no codes protecting us from this action. I am writing this  as I have been in the forum for years  and to let you all know I am still  leaking, still have not achieved a safe dry home after three sets of orders  and endless extensions of time from the tribunal. I have written a submission for the strata Schemes review with so many issues  I did not include this one. Which makes me laugh to myself, even I am over whelmed. On a serious note the precedent set by this  membrane is  a worry for all lot owners.  I for one will by buying a pogo stick I will wear soccer boots with spikes and start practising irish dancing on the light foot traffic membrane as I believe my actions on my lot cannot be limited by the covering laid on it.

    Best

    Whoopi

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  • #55320
    Whoopi
    Flatchatter
    Chat-starter

    Hi

    Thanks for responding.

    It was just a membrane before but the type that is painted on in a liquid form. This left me with a smooth concrete surface. It was not un attractive a soft light grey colour, gentle under foot. I believe this  committee had taken up the original tiles long before I had bought the property and not replaced them. This type of membrane  is about to be used  on other surfaces on the building . The membrane they have just installed on my lot is  not  any where else on the building, just my lot.

    The deck is part of my lot but the membrane is Common property. I pay levies for the area. The OC were Ordered to  replace the membrane for failure to maintain it. The rest of the lot roof terrace is tiled. I did not expect them to tile it but I did expect a smooth surface which is what I had before and a membrane that was residential not industrial for maintenance traffic only. The membrane they have installed is usually seen on the roof of  a building not the deck of a residential lot. It cannot be tiled over. It is a torch on.

    I was not referring to any Australian standard specifically, I was looking for some kind of regulation  to  stop a trip hazard being left on my lot.  We had to hold the OC to BCA and Australian standard codes to get the work done properly. The works were appalling , not warrantied by the builder who was instructed by the committee, did not stop the leaks and did not comply  to the orders. We could not find a code any where that stops an OC from giving a lot owner an un even  surface on their lot, that they cannot use. If I choose to cover this myself I will be forced to take a bylaw for a membrane I do not think will hold up. I will be forced to build some kind of deck that will adjust to the uneven levels, it will be a huge expense which I should not have to bear. It would need to be attached to common property.

    I hope this helps and thanks again for answering my letter

    Whoopi

    #55307
    kaindub
    Flatchatter

    I think we need some more information to help you

    Was it just a membrane before or was there some sort of tiling over it?

    Is the deck your lot property or is it common property that you are using?

    What Australian standard are you referring to. Just because there are non compliance’s with some standard does not make it an OC responsibility. The Building Code of Australia changes periodically, but buildings built to an old standard are not required to be updated unless substantial works are being carried out (and changing a membrane is not substantial works)

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