Flat Chat Forum Common Property Current Page

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    Topic
  • #55126
    Jim
    Flatchatter

    Hi

    I need help.

    The new strata committee decided water proofing work done in my unit were not common property related. They demand I reimburse the OC via a new strata manager.

    The previous strata manager sent a quote to then strata committee in 2020 to approve and commment. The strata committee approved the repair in good faith. Strata manager sent the work order to a builder to go ahead. The work was completed in Nov 2020. The previous strata manager stated in email that waterproofing of the bathroom is OC only if it is original. My bathroom is original.

    can new strata committee reverse previous strata committee decision when all the work was done. I dont have the money to pay it back. If the previous strata committee had rejected the work, I would look for different builder for cheaper quote.

    what should i do?

     

Viewing 7 replies - 1 through 7 (of 7 total)
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  • #55153
    Jimmy-T
    Keymaster

    Would you recommend a good strata lawyer if I need to engage one?

    Our sponsors Sachs Gerace Lawyers are very good and very reasonable (or we wouldn’t have them as sponsors). Click on their ad to get to their website.

    #55147
    Jim
    Flatchatter
    Chat-starter

    Hi Kaindub and Jimmy-T

    Thank you for your advices. I have checked with Marrickville Legal Centre. They only provide advise to owner-occupiers. I have rented the place out in mid March. Would you recommend a good strata lawyer if I need to engage one?

    I try  to control my mind. It is easier said than done.

    • This reply was modified 2 months, 3 weeks ago by .
    #55143
    Jimmy-T
    Keymaster

    Most free legal services will provide you with advice but unless it’s a criminal matter, will not represent you in a court.

    Marrickvile Legal Service will represent strata owners from all over NSW at NCAT and in court if they feel it’s justified. They have even taken cases to the Supreme Court. In this instance, it may just take a letter from them, but that’s not the point. They do represent people at Tribunals and in court, which is why I recommended them.

    #55141
    kaindub
    Flatchatter

    Jim

    i feel you are being bullied by the OC.

    Most free legal services will provide you with advice but unless it’s a criminal matter, will not represent you in a court.

    Get the free advice in order to ascertain that you are in the right and the OC is wrong.

    I’d then ignore the letters of demand and wait till the OC takes you to court. It’s up to the OC to prove you owe them the money. It’s now that you engage a lawyer to represent you in court. He would ask that your costs are paid if the OC loses.

    Its going to cost you initially for the lawyer, but you get most of the cost back if you win.

    I can’t see any other way as the OC seems entrenched in their position

     

    #55140
    Jimmy-T
    Keymaster

    Marrickville Legal Centre provides free specialist strata legal advice and representation for NSW residents who can’t afford to pay for their own.  Contact them via this link to their website (and let us know how you get on).

    #55135
    Jim
    Flatchatter
    Chat-starter

    Hi Kaindub,

    Thanks. It really stresses me out.

    Three of the current of strata committee (5 members) are also part of the previous strata committee (6 members) that approved repair work in my unit. What should I do when strata committee sends debt collector to demand I reimburse OC?  Where I can contact a lawyer who may willing to help for pro-bono or a fixed cost please if this goes to civil court or NCAT?

     

    • This reply was modified 2 months, 4 weeks ago by .
    #55130
    kaindub
    Flatchatter

    Two grounds to support your case.

    If the previous committee approved that the OC pay for the waterproofing, you went ahead in good faith. The new committee in this case can’t just reverse the previous decision, since as you point out you would have taken a different course of action. This point is not a strata issue but a civil court would generally find in your favour.

    On the second Avenue, we had a similar thing happen in one of our buildings where the strata manager told the owner that a repair was OC responsibility. It turned out not to be the case, but the OC wasn’t able to recover the money from the owner. The issue being that the owner was not told that subject to a report from the plumber they may be liable.

    We are careful now to spell out to owners that subject to the report from the tradie, the OC may not be responsible.

    Tricky area. Stand your ground but be prepared for a fight.

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Flat Chat Forum Common Property Current Page