Forcing body corp

[fernfurn]

Friend has bought an apartment with major issues with water ingress.
Obviously didnt due DD but that another story.
stopgap measures have been used in the past which have failed. Not enough money in the sinking fund and all elderly with no money for a special levy, and those who do not have such a bad problem arent interested in hearing about the major problem friend has. She has hired an engineer who is doing a professional report. How can she go about getting the body corporate to move on this

 

[Raddles]

Hi there
she can call an extraordinary general meeting to have the issue addressed by contacting the Secretary of the body corporate to call that meeting
Everything about a body corporate is a process - and if she is undecided about her options - the office of the body corporate commissioner in QLD (if that is where the property is) can be of assistance in providing information and options.
thanks

 

[Spectre]

I dealt with a very similar thing on a personal level.
The damage to your friends unit may be claimable on the body corp insurance
The cause of the damage needs to be dealt with by the body corp though. ideally she's suffering a loss as a result. I gave them a simple choice - fix it or I'll sue you and you'll lose.
Worked well.

 

[fernfurn]

She keeps asking for an extradordinary meeting and they wont do it. How do you get on suing if nobody has any money for a special levy

 

[Spectre]

I would question if they have money but its a question of that they dont want to part with it.

Ideally is say level 3(above her) is leaking into level 2(her unit) then the body corp should rectify it as it is common property initially and then the common property has caused damage to her property. So the BC repairs the common property, then submits an insurance claim to reimburse them for the damage to the private owners property.

The engineers report should (all things going well) cement her argument.

If you PM me your email I'll supply you with some info from our situation which may assist.

Also I found this http://www.justice.qld.gov.au/3260.htm - if the BC doest come good, then they'd be the ones you'd appeal to

 

[Raddles]

Hi there
also just remember that a body corporate is similar in some respects to a company - there is a possibility of loaning funds if a special levy won't immediately cover any expensive remedial work - the levies then could pay the loan repayments.
I too have recently been through a situation where the Secretary would not call an EGM when requested to do so.
If you refer to the website above - they refer you to the modules (which are the rules that affect a body corporate) - there is a process to allow your interested party to step in an call an EGM if need be - or alternatively you get one of the mediators from the body corporate commissioner's office involved.
There are a number of specialist legal firms who deal with body corporate issues too - so if all else fails you can threaten to sue the body corporate.
thanks

 

[Pushka]

If the Body Corporate knows there is a problem that is obviously their responsibility and they have ignored the need for further funds to fix it, then they may be held accountable for the loss - negligence in their management.

 

[glenncck]

Hi Celica, just wondering if you managed to get any results out of this? I'm actually facing issues trying to get my BC to get anything fixed. I'm wondering if the rules in Melbourne and other states the same?