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My elderly mother owns a top floor apartment in a three story Strata building, the Plan having been registered in February 1975.
The ceiling in the living room has developed a split in the plaster which is about 3 metres long, but quite narrow. The plaster of ceiling along the split appears to be sagging, although this is very minimal.
When an office bearer of the Owners’ Corporation was shown the split, he simply shrugged and did nothing.
Later, when Mum contacted the Managing Agent, he requested that she send him two photographs of the damage, which I later emailed to him
His reply to my email is:
“We will refer this matter back to the Strata Committee for their action however before I do, based on the photos, it appears there is a crack in the ceiling paintwork along the plaster join line which has cracked the paint work. Is this correct? If so and the crack in the plaster join is less than 5mm, this doesn’t form an Owners Corporation’s responsibility. It becomes a cosmetic repair which need to be attended to by the lot owner the next time the unit is painted.”
I can find no reference to a definition of “cosmetic repair” in either the Act of the Regulation, nor to any “5mm” rule in any publication.
I am not sure whether the Owners’ Corporation adopted the Common Property Memorandum gazetted in 2016 for post 1974 Strata Plans.
If the Common Property Memorandum hasn’t been adopted, I understand that section 108 of the Act applies.
There has been no alteration to the ceiling of the apartment, other than being painted from time to time.
Am I missing something??
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