Right to withheld Body Corp annual fee?

[Pixie]

I live in a strata apartment. My building is close to 40 years old. Not the flashiest looking building but its comfortable area to be in.

Over the last three months, my common wall between my unit and unit 1 experienced a MASSIVE crack - 3-4mm width and at least 2m in length, in diagonal direction. I peered in the damage and it appears the brick wall have separated. There is a small hole which i can see into the adjacent apartment. I can hear everything, smell everything they cook thru this dam hole!!

I tried 3 months in getting Body corporate to take action in getting me a structural engineer to assess. They sent a d|ck-head committee member to assess the damage (i didnt request this, i wanted an engineer) That d!ck offered me an empty bottle of white gap filler.. WTF?

To this date every time i call, they tell me "they are waiting for XXX ..." and now are avoiding my calls.

i recieved an annual BC bill, which i m wanting to withheld this until they have taken the appropriate action that i requested.

can i withheld the payment so they can do the job like they are supposed to?

thankyou

 

[Propertunity]

Over the last three months, my common wall between my unit and unit 1 experienced a MASSIVE crack - 3-4mm
can i withheld the payment so they can do the job like they are supposed to?
thankyou

In a word - no.

In the same way a tenant cannot withhold rent because a LL won't attend to a non-urgent repair.

Generally, a crack is only considered serious if 5mm or wider. If it worsens and the BC is still unresponsive, you might need to have a solicitor write a letter to your BC.

 

[handyandy]

As per Propertunity - no you can't withhold funds. If you do they will just charging you interest.

What you should do is notify your BC that the walls fire rating has been compromised and that if is not attended to in a timely manner you will get the fire brigade and the local council involved to examine not only the compromising crack but also any other fire related issues in the complex. Some of these issues could be emergency lighting not installed in staircase, illegally modified fire doors to units etc.

If they had to start attending to all the other issues then it would cost a bomb. Just don't forget that you will also be paying your dhare.

Cheers

 

[Rolf Latham]

Just don't forget that you will also be paying your dhare.

an appropriate slip

ta
rolf

 

[frini]

Classic comment Rolf !!