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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?
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