Does strata have the right to ...

[CaliPops]

Do repair work on your property without your knowledge/permission or notifying the property manager? I'm also on the commitee and havent received any notification through that either ... I wouldn't be surprised if they don't "have" my current address but my phone number is the same ...

My property manager contacted me about a leaking shower - leaking to an internal wall ... I knew about it at the time of me moving out - it was a very slow leak (slight dampness from time to time and I lived in the unit for 4 years) - I was waiting for my brother to do the works for me at a later date. My brother is a licensed tiler and water proofer so I wanted him to fix my shower. He's busy, and he's quality obsessed and isnt cheap (I dont expect him to work for free) but I managed to get him in to do the work starting today and then next week.

So my bro calls me this morning just as I'm about to head off to work and asked if I'd prevously had work done on the floor ... nope I said ... he was worried he was in the wrong unit for a while ... When the tennant returned he asked the him if someone had been in to do the work - turns out about a month ago two people came, one said something about pipes, and then the second did the tiling work.

So my bro has told me over the phone that it turns out that the previous "tiler" has:
1. used the wrong premix adhesive for the job which didnt work (the new tiles that the tiler has put in - which cover only the first course of wall tiles, have fallen off in the month after the work was completed and the tennant just stuck them back on with silicone)
2. ripped all the original tiles down to the slab and damaged it which means that my previous quote for repair is not going to be what it's actually going to cost.
3. used the wrong type of tiles for the shower base/wall

So, if Strata have approved and then had a tiler (not even sure if they used a tiler) do the works on the shower - have they then: accepted liablity for the leak and any subsequent damage and therefore have to pay my brother's costs?? And if the carpet is damaged in the bedroom on the opposite wall - are they then liable to repair it? (I have spare bits of carpet from installation for just this reason)

And just think - if my bro hadn't seen the shower before and knew that it wasn't as he remembered it, then I might never have known that work was done to my property!

I called my PM after work today to ask her if she had work done without notifying me, or if the tenant had done it - she said she had contacted Strata a while ago about it - and then I'd gotten back to her and said I was taking care of it because it was an internal wall and as I understood it: my responsibility. She didn't know that work had been done. She said she's going to contact strata on Monday and find out.

So am I within my rights to go after the Strata manager for authorising entry onto my property for a small issue (it was a small leak to MY internal wall therefore my problem) without giving me/PM notice, then damaging my property and making a much bigger mess of a minor problem. I'd like to direct my anger and annoyance in the correct direction ... This isnt replacing a washer - its ripping out a floor and a whole course of tiles and replacing with tiles I didnt approve! There have been issues with this particular strata manager previously and I know five others on the board are not impressed.

And would you guys give a 'gift' to the tenants for their troubles? Just a gift voucher - especially considering they've had the same job done twice and been without a shower with no complaints? I'm quite happy with them so far and since their lease is up I'd like to butter them up a bit.

Thank you in advance for your replies.

 

[sydprop]

Except for this bit - if I hadn't paid for any of the work I wouldn't really care. Is the cost difference actually material?

PS. I know that the strata may have paid for it but the battle to get the strata manager to reimburse is fairly unlikely to be worth the effort. Are you sure the tenants didn't do it?

PPS. I know it is annoying

2. ripped all the original tiles down to the slab and damaged it which means that my previous quote for repair is not going to be what it's actually going to cost.
.

 

[CaliPops]

Hi sydprop - yeah I don't care if strata is out of pocket - I'd just like to see if I could get them to pay for my brother's tiling ... I know things are tax deductable - but it would be so much better if I could get them to pay!

Its more the fact that they'd damaged the base of the shower in doing their 'repair' job ... - bro was doing to do it a different way b/c at some point I will re-do the whole bathroom - what was the point in just replacing the whole shower when I will do the whole bathroom in a couple of years time?

and yus ... so annoying ... albeit educational ... and it does give me something to do I suppose on a Friday afternoon when I could otherwise be, I dunno, walking the dog or vacuuming?

 

[AlmostBob]

Internal wall; yours,
but if there is a downstairs apartment, service basement, or possible damage to the foundation, the strata is probably within their rights to conduct immediate repairs for a water leak,
however small,
but not to damage the property in doing so.

 

[Aaron_C]

There was a serious leak inside the walls of my apartment unit that was running all the way down to the car park level. The body corporate had to enter my premises, drill a hole in my wall and fix the problem. So it's pretty normal.

 

[CaliPops]

Thanks AlmostBob and Aaron_C ... this was leaking from my shower wall - internal to my main bedroom wall - internal - not extending up or down as the inspection showed ...

This is turning out to be the biggest headache ... and way more complicated ... I cant take time off work because I've been off work for over a month anyway (of course this happens when I go back to work!) and I'm doing contract/temping which means I dont have liberties ... I've set my dad (he's kinda intimidating in a professional but retired kinda way not a bikey gang kinda way) on them as my representative ... But still.

My gut was telling me that people were lying and trying to cover their asses ... I've had the PM send me all the documents she has on the unit ... half of these I've never seen before ... So she's made mistakes in regards to communication as well as Strata who have my contact details and have NOT contacted me and have admitted it.

My contract with the agency states CLEARLY they cannot touch any repairs without my consent ... I NEVER gave consent.

I'm now printing all their correspondence that they've sent me in a PDF file plus what =little= correspondence I have - double checking both my gmail online and on my computer and they match up ... there are gaps from what they've said they've sent (and printed) and what I've received ... BIG whopping Gaps.

Photos taken of the work done previously - repair works dodgie as - voids not filled, premix adhesive, tiles falling off a month later etc etc ...

I'm going to grease the tenant wheels with a healthy gift voucher.

I'm more likely than not going to find myself a new property manager and line it up with the new financial year ...

Here I was thinking that everything was hunky dory and I was taking care of things by organising my brother as awesome tiler/waterproofer ... but noooooooo all this crap was going on behind my back ... this I guess, would be why people self manage ...

Here I was stupidly thinking that putting - what essentially said - dont touch my unit or do works unless I tell you to - on the contract meant - DONT TOUCH MY UNIT OR DO WORKS UNLESS I TELL YOU TO ... but what do I know? If I could roll my eyes any further into my skull I fear they'd get stuck.

I dont like liars.

If you make a mistake, own it.

I love my dog ... he owns eating out of the kitty litter ... its nasty, but he owns it. Maybe I should get him to manage?

 

[Scott No Mates]

Sorry Cal but I must have missed something... Did you also advise the pm that you had arranged for someone to fix the leak? You can'tblame the agent for not knowing your intentions for accessing the unit as you should have been discussing it with them.

 

[handyandy]

Seems the left hand didn't talk to the right.

Your PM reported it to Strata. Irrespective of the PM then calling the Strata back to say don't worry it got put on the strata repair list and progressed from there. Strata may have gained access to unit without further reference to PM. So PM not at fault for authorising work.

As far as your not worried as strata paid. Sorry, but your part of strata and you also paid (deductable or not). You can also be sure that strata (and indirectly you) paid through the nose to deliver this substandard job.

Cheers

 

[Collector]

1) you do not own the internal wall - all walls are common property, you own the air space between the walls, ceiling and floor.

2) strata is responsible (in most cases) for shower leaks

 

[CaliPops]

Yes ScottNoMates ... I told her I was looking into it ...

And I did ... I was speaking to the property manager and strata manager for my parents units - And I was informed that the damp from my shower to my bedroom wall was my responsibility and that I had to have the pipes tested last year prior to the tenants moving in to see if they were leaking - which I did, and they weren't. And I arranged the repairs with my brother who did my other work ... with a strict calender of events which is totally blown now, so tenants now 2 weeks without a shower + the previous three weeks.

And I've only just started to read the emails, and my property manager has definitely NOT been honest with me, with HUGE communication gaps, and then lies to cover up. And I've been in contact with strata - and they havent even kept my updated contact details (I have the email I sent them and their response stating they would update my file) and I'm on the executive so I wasnt even notified as a member of the executive.

I pay minimal strata fees - BC gets substantial rent money from another source - so I'd rather the money come from the collective monies than directly out of my pocket.

After the emails that we've sent giving instructions - everyone seems to be acting in damage control - passing us off to other managers (ie more experienced strata managers, rather than the junior one who has been responsible for this stuffup) or going blank and saying "Um, I'll have to ask my supervisor about that and get back to you"

At the very least, I should have been asked to choose or purchase tiles for the floor and walls - or use any spares I might have had...

So anyway, I'll be in touch with the other executives and I'll be looking for a new PM.

Thanks for your responses. Much appreciated, really.

This is the document that I was given which states that it is both O/OC depending upon floor or wall. And the tiles were mine on the wall. I still should have had say in the floor tiles - and suitable tiles for a wet area should have been used.

http://nsw.stratacommunity.org.au/resources/638/Who is Responsible.pdf

Ok .. I need a glass of wine now ...