This topic contains 4 replies, has 3 voices, and was last updated by Jimmy-T 1 month ago.

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  • #37096
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    Whoopi
    Flatchatter

    Hi Flat chatters me again,

    NSW Our building has orders from the tribunal to replace the membrane on the roof on our lot. But the SC are saying we have to remove approved tiles and timber deck at our own cost before they will replace the membrane. We don’t have orders from the tribunal to do anything.

    We thought once the orders were given it was the responsibility of the OC to remove  what ever they need to, in order to replace the membrane and then replace the removed items. This is not a cheap exercise but  we feel  we pay our levies and all the items were approved  by the committee. There are no bylaws making us responsible for any of the items on the roof. We did not put the items there and they are decades old and they did not cause the leak. The SC are trying to make us remove them at our own cost and they are not replacing them. We started with a beautiful landscaped roof terrace and will finish with an ugly traffic-able membrane, this seems  wrong and will decrease the value of our property.

    My analogy is if you had a common property leaking pipe in the wall  the OC must remove your tiles and replace them to fix it. Is this not the same thing? When they allowed all of these decks and tiles on the roof terrace they were aware of the membrane needing to be maintained. If there is a section in the act  that covers this can you let me know please? I am aware of Sect 122(6) which states if the OC removes items during work then they must replace them. But what do you do when they refuse to remove it?

    Thanks Whoopi

    #37104
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    Flame Tree
    Flatchatter

    Unworkable and nuts. If it’s common property which it is it’s not your worry, it’s your body corp’s. What you may need to fight them over is what it all looks like when it’s done. As you say, it may devalue your property should they do something that doesn’t do justice to the visual if they feel they can just do whatever cheaper. Sure shows little wisdom for the look and affect of their own properties as well. Man, some folks are silly on these things.

    #37106
    Avatar
    Whoopi
    Flatchatter
    Chat-starter

    Some of it is approved lot property, al of it is attached to the slab. Approved in minutes by committee with no by law attached to it. The rest we say is common property  but they say it is not on Strata Plan, the thing is there is a lot of stuff not on the strata plan.

    The argument is the membrane has failed and is common property but they are saying the stuff on top of the membrane is lot property. All of it is  approved  in any case. They allowed it to be put on the membrane.

    We also feel we have had to pay  a great price to get them to do what they should have done for free, that is maintain the common property. So we are not inclined to put our hands in our pockets now. Thanks for response Flame Tree

    #37108
    Jimmy-T
    Jimmy-T
    Keymaster

    I think your best best is to go to NCAT to get a ruling, probably compelling the OC to do the work and including a provision that they fix your decking as well.  It maybe worth talking to a strata lawyer at this point or, at the very least, our sponsors Strata Answers who may be able to explain to your committee what their responsibilities really are.

    #37118
    Avatar
    Whoopi
    Flatchatter
    Chat-starter

    Thanks Jimmy

    Will do , one of the reasons I am still posting is I want people to see what is happening our here in Strata land. Some committees are wonderful and have the best intentions for their building but some are there for all the wrong reasons. They answer to no one,  there is no accountability. Where else in the world do you get your hands on 600,000 dollars of other people’s money and have no assurances,  no accountability, no transparency, no qualifications, all power and no responsibility.

    Our water ingress has now gone through three floors from the roof over six years of conflict.  These guys are arguing over a timber deck and some tiles and avoiding fixing the membrane. What is dismaying is that it will be the individual owner who must enforce the strata laws again. Going back to NCAT, oh yes, I yearn for those days when I get a member in front of me who thinks individual owners are the rogues and the KTMs.  To be fair, my last member  was wonderful and tried so hard to help me. Fingers crossed we get another one of those. I have been in the tribunal 5 times  just to get my roof fixed. It shouldn’t be this hard. Orders should be clearly defined.  Our orders were  general and their lawyers have jumped on it. An honourable committee with the building’s best interests in mind would not have looked for the way around the orders.  The loopholes in the law are huge i.e. no consequences for not complying to orders from the appeal panel …Really? We have not been able to enjoy our roof terrace for four years.  Let alone the mould and five wet rooms. We were hoping to avoid NCAT but it is not possible with this committee.  Sorry I sound a little whiney will celebrate with you all when my roof is fixed and restored.

    Thanks one and all will keep you posted Happiest of Easters to you all !

    #37183
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    farm_kate
    Flatchatter

    Hi Whoopi,

    Something to throw into the mix, a lot of older roof membranes also contain asbestos. You should consider getting that checked before any removal works are commenced.

    Depending on the building age there may be other asbestos containing materials used throughout as well, but that’s something to think about another day.

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