VIC Body Corp Manager - Negligence

Hi all,

Keen to see from those more informed what the process is with regards to potential claims against our body corp manager for gross negligence / failure to perform their duties.

So the story goes; I contacted our BC manager (they have a history of poor performance) with a maintenance request circa 4 months ago noting that the buildings gutters were blocked causing overflow - the first request received no action nor a response. I follow them up multiple times requesting them to action my maintenance request and again there was no action or response. Subsequently it has come about that the gutter overflow has cause some water damage to my lot, after highlighting this to them they have finally responded and actioned the request.

My questions are:
1. Do the owners have right to claim that services were not delivered under the BC management contract for 4 months and hence they should refund us for their fees?
2. Do I/the owners have right to claim the cost of the rectification of the damage, due to the fact that there is direct correlation between their inaction and the damage?
3. Does this gross negligence provide grounds for instant termination of the BC manager?

Noting that this case would be under Victorian law.

Very keen to hear some feedback!

Cheers
Toby

 

I guess the first question is what do you mean by "our". Are you the executive committee?

 

I am on the committee with various other owners.
The body corp manager is an external service provider who actions requests from owners based on a delegates authority and they are paid fees for the service.

 

In the end, you need a strata manager that meets your needs.

Perhaps there is some liability for inaction by the strata manager but if nothing had happened in 4 months, then the executive committee should have taken some action regardless.