Flat Chat Forum Another day in paradise Current Page

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  • #7566
    AvatarLibbylou
    Flatchatter

    I wonder if anyone can help? The next-door block of flats (owned by one  family and managed by a real estate agent, who rents out the six flats) has a downpipe on the side of the building that stops short of our block's entranceway, which stretches between the two buildings.

    Every time it rains, water floods from this downpipe across our entranceway, which includes a couple of stairs. Sometimes people slip entering or exiting our building and it’s only a matter of time before there’s a serious injury. Our strata manager has repeatedly contacted the real estate agent, who had said money was approved to have the downpipe redirected.

    But months and months later, nothing has been done. What do we do? We feel we’re being fobbed off by the real estate agent. Where can we go from here? It’s very frustrating – and dangerous! I’d love your suggestions! Thanks. 

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  • #13499

    Hi Diana from Bondi

    The neighbouring owners corporation is committing the tort of private nuisance.

    The Council action is a good idea.

    In addition to this, your owners corporation should write a letter to the neighbouring owners corporation indicating:

    – the existence of the nuisance;

    – the inability of your owners corporation to mitigate it’s loss or potential loss (I presume there is nothing you can do to ensure no-one is injured or no property is damaged. If there is, steps should be taken in this regard (non-slip mats, etc));

    – the potential for personal injury or property damage as a result of that nuisance; and

    – the fact that no EC members will be indemnified by their D & O insurance for any fines or penalties which might arise from personal injury or property damage.

    Regards

    Chris Kerin

    Partner – Building Defects
    ———————————-

    #13505

    Chris,
    I think the neighboring property is privately owned and does not appear to have an owners corporation established.

    Diana,
    Possibly one method of obtaining the owners details for the neighboring property you could try a freedom of information search at Council, but you may end up pulling up short with establishing everything relating to the building is sent to the real estate agent.

    A complaint to Council or Sydney Water may save you some of the hassle of continuing to pursue the owners.

    Good luck

    #13493
    Avatarstruggler
    Flatchatter

    Have you contacted your council about this?  There are building codes and Australian Standards that apply to roof drainage and the adequate direction of the water run-off.  Would contact them then perhaps they can take on the matter and get it resolved.

    #13497

    Yep, council are good for this. Or… you can a have an Oc/health and Safety report done which will cost you but if you also point this issue out to the inspector it may be rectified. Or not! They may only look at your building and not interference from next door. Then again, it can work against you as the inspector often finds minor defects in your building that will cost you to repair and they give you a short period of time to rectify. Not good. Surprised

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Flat Chat Forum Another day in paradise Current Page