This topic contains 1 reply, has 2 voices, and was last updated by Lady Penelope 3 weeks, 1 day ago.

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  • #38278
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    BH1
    Flatchatter

    Dear Jimmy and other Flat Chat experts,

    Under NSW strata law, is pest control treatment of the common property considered to be routine maintenance?

    Surely, an EGM would not need to be held each time a tenant or owner reported an infestation of some kind of insect or other vermin?

    One long-time owner said that the owners corporation used to carry out pest control once a year to prevent infestations of insects of all types and also mice and rats. However none has been carried out for about five years. Recent requests to the strata committee and strata manager have fallen on deaf ears.

    #38280
    Lady Penelope
    Lady Penelope
    Strataguru

    There is no legal requirement to have a pest inspection done, however not undertaking a pest inspection can prove to be a false economy in the long run.

    If the Committee are not willing to undertake an annual pest inspection then you have the option of raising a Motion at a General Meeting requiring that an annual pest inspection be undertaken. The Motion would require approval by Ordinary Resolution. You could obtain a quote from a reputable pest inspection company and include it in your Motion.

    A termite inspection, and an annual treatment for cockroaches on common property would be two common actions undertaken by an OC.

    Not all termite damage is the responsibility of the OC as the duty to repair and maintain is not limitless: <i> Mullen v Owners Corporation SP15342 [2017] NSWCATCD</i>

    Below is a link to a Tenancy site that deals with who is responsible for pest infestations. Some pests would not be responsibility of the OC, unless they are on common property. Black or brown ants, and cockroaches are two examples where the owner or the tenant would be responsible for ridding their individual Lot of these pests as the general cleanliness of the inhabitants could be all, or partly, to blame for such an infestation in a Lot.

    https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/pests-and-vermin

     

    #38366
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    BH1
    Flatchatter
    Chat-starter

    Thank you Lady Penelope for your comprehensive reply. Also for your promptness Р5.50am on the day of our enquiry! Your prompt reply convinced many other owners to lobby the SC to have pest control  done.

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