Question: If our committee has accepted a quote for works to common property, can we expect that they have asked the contractor about the guarantee period for the work?
Our Strata Committee obtained and accepted a quote to repair the boundary wall. The wall is cracking due to a tree’s roots and foundation movement.
Given that the Committee has accepted the quote, can we expect that they have asked the contractor about the guarantee period for the work?
If the contractor refuses to provide a written guarantee period, should we move ahead or seek another contractor?
Answer: I would suggest a more open line of communication is formed between owners and the committee members so your questions may be addressed.
Maintenance within a strata corporation is the responsibility of the body corporate. The body corporate is made up of all owners so all owners would have a responsibility to ensure the integrity of the strata scheme.
Many strata corporations have management committees which oversee some of the day-to-day issues regarding the corporation matters.
It is not uncommon for a committee to be tasked with the responsibility of obtaining and approving maintenance on behalf of all owners for the corporation.
When the committee is involved in arranging these jobs, it is not uncommon for owners to feel that the members of the committee have acted in the best interest of the corporation and all owners.
As an owner, one may have an expectation that members of the committee, but not limited to the committee, have checked that the contractor has appropriate insurances, licences and capabilities to carry out the scope of work including guarantees.
I would suggest a more open line of communication is formed between owners and the committee members so your questions may be addressed.
Should you feel there are concerns then it is best addressed to the committee or your strata manager.
I hope this provides you a little bit more clarity and remember if work has been carried out satisfactorily, being fair, payments should not be withheld.
This post appears in Strata News #573.
Tyson D’Sylva
Ace Body Corporate Management
E: tyson.d@acebodycorp.com.au
P: 08 8342 1544
We are a committee who have worked well together for some years. In the last 2 years three separate people have bought units and are very demanding/opinionated about how they want things done. 2 of the new owners were on the committee and 1 stepped down. The person who stepped down has now asked our Strata Manager for the contact information of all unit owners so he can reach out to them and start a community forum where he will discuss building maintenance ( whichhe has littleunderstanding of) and discuss the elected committee with malicious intent.
Is he able to get their contact information and can we do anything to stop him from undermining the elected committee?
I’ll add that his understanding of what our committee is working through is poor so he is spreading the wrong message and making the role of the Committee increasingly difficult. We have 1.5m worth of building upgrades to do and it’s going to be a hard enough sell.
Hi Anna
Tyson D’Sylva from ACE Body Corporate has responded to your comment within this article: SA: Q&A Where can I Find the Strata Record for my Scheme?
i own 3 of 5 units in a strara titled group can i paint the exterior of my units, or do i need the permission of the other two or do i have the majority vote
Hi Tony
Thank you for your question.
Carrie McInerney, Horner Management has responded to your comment on this article: SA: Q&A How can I gain approval to renovate my lot?
Hi, I live in a group of 2 story townhouses in SA. The balconies are a SUB and it was built in 1983.
Some of the units have maintained their balconies and some haven’t. One owner has asked the Corp to pay for repairs which include surface rust under the balconies and rotten timber balustrades.
Is this to be covered by the strata as it’s a sub ?
Thanks
My question is about responsibility for payment of gutter guards to prevent vermin entering a unit. We are a small self-managed strata group, and at least one unit has an issue with pests (vermin) entering the roof space. My question is this, is it the strata group or the individual unit owner who pays for the pest extermination? The pest exterminator has advised the unit owner to install gutter guards to prevent the vermin re-entering the room space – is this an individual cost or a strata cost?
Hi Nikki, with regard to the question about the tree removal I would just like to say that you need to shop around for the best price.
We (Vic Strata) had a large lemon scented gum in the neighbors property that was leaning right over the back yard of the house next to our apartments and was resting against the top of our 3 story building.
In the end we had all the neighbors chip in for the cost (no pun intended) and we forced the owner to agree to its removal. This one had a split at the top and was in danger of losing limbs into the neighbors back yard and was damaging our gutters and roof as there was a large limb resting on the building.
The quotes were as high as $6000 but the contractor we used did it for $1,600. The value of the timber is quite high if the tree is in good condition.
The other issue to be aware of is that the tree may have been recorded with the local council (Vic Melb) as a significant tree. If so then it can’t be just removed without some sort of council approval. In our case there was a lookup website and the tree wasn’t on it.
It was sad to see the tree go but would have been even worse if the lady next door was in the garden when a large limb came down on her.
Hi Tim
Thanks so much for these great tips.
I’m sure this information will be useful for other strata residents.
All the best.
I am the owner of a stand alone strata unit which is completely separate from the grouped 16 other units. So collectively, this strata complex is 17 units. All 17 units are in disrepair and have had no maintenance attended for a long time. Several issues have been tabled some 2 years ago to be fixed, ie gutters, roofing. We have our financial year AGM coming up in July. We have been asked to submit quotes for works to be completed. Due to significant gutter damage and storm water laying around, I have requested that works be commenced on my unit to prevent further damage. I have offered to pay for the works in advanced as long as I get reimbursed.
I have requested an out of committee special consideration. I have been told that under strata law I cant go ahead and fix my own property. I have an engineer report that clearly outlines the issues to be common ground. So If I am not allowed to go ahead and get these items fixed and strata are refusing to assist, how do these structural items get fixed. I have followed every correct avenue by the book.
Thanks for your help
Tracey, thank you for commenting. In South Australia, we have several Acts that we work under – Strata and Community properties vary in terms of general response and responsibility, however water damages are sometimes addressed as a Building insurance claim. You would need to seek some advice from someone on here in NSW to answer your query and determine whether there is a building insurance claim in your State and who would hold the relevant policy also.
My question is (in a complex of 23 townhouses) – the inside of my townhouse was only painted last year prior to my purchasing it. In July this year I reported a water leak which is only being repaired now (4 months later) but have been told the repainting of the mold coming through and rotted cornices due to water leak is my responsibility as it’s inside the unit. The internal repairs are due to the water leak, – is it my responsibility to pay for report of cornices and painting? I live in NSW.
Hi Tracey
Although we are not aware of the full details of your particular situation, You should find this article by Warwick van Ede, JS Mueller & Co Lawyers helpful.
NSW: Owners Corporations, Common Property Repairs and Insurance – A Tricky Relationship
We have a 3 unit block of strata units, can one of the owners not living in the block be Presiding Officer, Secretary and Treasurer hold the 3 positions even if they do not live on site ??? Thank you, Edith from SA
Thank you for your informative insight Tony.
I have a query balcony related to all states. In WA we can come across a notation on the Strata Plan that indicates the following in relation to balconies.
“The boundaries of the lots or parts of the lots which are buildings shown on the strata plan are the inner surfaces of the walls, the upper surface of the floor and the under surface of the ceiling, as provided by section 3(2)(a) of the Strata titles Act 1985.”
They then go on to say;
“The Stratum of all balconies extends from the upper surface of their floor slab to the horizontal projection of the under surface of their ceiling except where covered.”
My query would be the notations on that particular strata as the answer to any query?
The above common notation in WA makes a clear distinction “the upper surface of the floor ” inside of the unit and “the upper surface of the floor Slab”.
This to me indicates the balcony slab is common but any thing sitting on top of the balcony floor slab belongs to the owner of that lot and their responsibility to repair and maintain. i.e. the waterproof membrane, grout, tiles, sealants, caulk.
A question leading to a question would be; inside the unit they say “the upper surface of the floor”, if not the floor slab inside, does the floor inside start from the surface of the floor covering?
Hi
We have received the following reply back from Tony Johnson, Horner Management:
Thanks for your query.
Obviously as I am S.A based and the legislation varies from State to State, I wouldn’t want to provide you with any advice that could be incorrect. It is a good question and researched well. Can I suggest that a W.A Based Manager would be in a better position, Can I suggest you approach a SCA (WA) Chapter Member with your query.