Advice on Department of Fair Trading mediation or adjudication

[miss green eyes]

The joys of strata living!
I am currently struggling to get essential (NOT frivolous) repairs done.
If internal resolution with the executive committee and strata manager does not work, I think the next step is to apply for mediation with the department of fair trading.
If the mediation fails, the department hands down an adjudication.

Has anyone been down this route before? Any advice?

Apart from the essential repairs, I would like to get the common areas painted. The paint is getting a bit old but the request is 'frivolous' in the sense that no one will die of it. Unlike the essential repairs, which are currently an OH&S hazard. However, if I am going to mediation anyway, I might as well stick the paint request in the mediation request. Why not.

Has anyone gone to mediation for 'frivolous' repairs either?

 

[Scott No Mates]

What is on the 10 year plan for the building? This should include all major and minor planned maintenance. BC is responsible for keeping the building in the good condition and not allowing the building to fall into disrepair. Painting is not frivilous as it is a protective coating esp for timber or on metalwork.

 

[miss green eyes]

Thanks Scott!
Can I take you to the mediation with me?

It's hard to argue with people who don't listen to reason.

I will use your argument about the painting.

We used to have a good owner on the exec who came from a family of tradies and knew the value of repairs. He sold up and most of the other owners are investors and have gone AWOL.
One of the other owners on the exec is against all form of repairs that either do not affect her quality of life (eg the paint. she feels she can live with the paint in the current state) or that she cannot see (lamp rusted out area of building that she never patronises. The rusted-out lamp is however an electrical hazard).

I will definately add the paint to the mediation if I am going down that route.

Oh, I just remembered - I had mentioned getting a painter in once. She said we (the owners - minus herself of course) should do it ourselves. She doesn't know or want to know about spackle, sanding, cleaning, cutting in etc etc.

 

[Sez]

One of the other owners on the exec is against all form of repairs that either do not affect her quality of life (eg the paint. she feels she can live with the paint in the current state) or that she cannot see (lamp rusted out area of building that she never patronises. The rusted-out lamp is however an electrical hazard).

There is always one of these owners!

I have to agree with painting being a necessary part of maintenance. Working near the beach I see this a lot especially with window frames!! If the paint isn't maintained the wood rots and you're up for thousands on replacing the entire frame.

 

[miss green eyes]

Thanks sez.
(whoops auto correct just changed your name to another word....)
I am waiting on an email reply from that owner.
If she doesn't reply by next week i will book a mediation.
If she doesn't turn up to the med or we end up in deadlock i apply for an adjudication.
Med and adj take approx 3 months each i think.

 

[EN710]

Thanks sez.
(whoops auto correct just changed your name to another word....��)

Happens to me as well. Your name is not good on mobile phone Sez...last letter is changed into x by autocorrect.

I am waiting on an email reply from that owner.
If she doesn't reply by next week i will book a mediation.
If she doesn't turn up to the med or we end up in deadlock i apply for an adjudication.
Med and adj take approx 3 months each i think.

Does everyone need to agree? I though as long as not more than 25% disagree, you can proceed with changes? (I'm not very familiar with this btw)

 

[miss green eyes]

It's a small block. She and i are the exec, and together we make up 25% of the owners.

 

[Sez]

Ha ha ha, oops sorry guys! I wasn't thinking about autocorrect when I chose the name!!

Let us know how you go with the difficult owner, I always like a happy ending but there is always the long drawn out legal battle beforehand .

 

[miss green eyes]

Thanks Sez.
Will do. Have not had a reply via email from that owner. Will be patient and give her a week.
I need some ammo for the argument for the painting. Any ideas? Apart from that the paint protects. She will say 'it will do'.

 

[miss green eyes]

Urgent repairs approved.
Apparently we will get the painting done too, but probably not for the next 12-24 months.
So no tribunal for now.
Thanks everyone.